ORDER : Dinesh Mehta, J. IA No. 1718/2017. 1. Petitioner has moved the present application seeking disposal of the present writ petition in light of the judgment dated 28.01.2016 rendered by this Court in S.B. Civil Writ Petition No.1515/2013 Devi Lal v. State. 2. Prima facie the case is covered by the above referred judgment, the matter is taken up for consideration today itself. 3. By way of the present writ petition, the petitioner has challenged the Order/Communication dated 15.02.2010 and 15.07.2015 whereby the petitioner has been denied the benefit of selection grade in wake of the pendency of a criminal case against him. 4. Mr. Himmat Jagga, learned counsel for the petitioner relies upon the judgment of this Court reported 2016 (4) CDR 1856 Devi Lal v. State and submitted that in view of the law laid down by this Court, petitioner cannot be denied benefit of selection grade simply because a criminal case has been lodged against him. 5. On the other hand, Dr. Pratishtha Dave, learned Additional Government Counsel submitted that the facts of the case in hand are slightly different inasmuch in the present case, challan has been filed by the Investigating Officer and as such, the matter cannot be decided in terms of the judgment aforesaid. 6. I have heard learned counsel for the parties and perused the material available on record. Rule 7 of the Rajasthan Pension Rules, 1996 provides for withholding or withdrawal of pension. Sub-rule (3) whereof provides that the pension can be withheld where judicial proceedings have been instituted against a person while Clause (b) of Sub-rule (6) of the Rule 7 postulates that Judicial proceedings shall be deemed to be instituted in the case of criminal proceedings, on the date on which the complaint or report of a police officer, on, which the Magistrate takes cognizance is made. 7. In the present case, it is not in dispute that on the date of retirement i.e. on 31.08.2014, no charge sheet has been filed against the petitioner, even the challan has been filed on 02.12.2014, which is subsequent to the date of retirement. 8. As such the distinction sought to be pointed out by Mrs. Dave has no substance and the factum of challan having been filed on 02.12.2014 has no bearing on the case. 8. As such the distinction sought to be pointed out by Mrs. Dave has no substance and the factum of challan having been filed on 02.12.2014 has no bearing on the case. The case is covered by the judgment of this Court rendered in the case of Devi Lal and so also by a decision dated 14.09.2011 rendered by Jaipur Bench in S.B. Civil Writ Petition No.5392 of 2009 Dayal S. Shekhawat v. State. 9. In view of the above facts and following the judgment rendered in Devi Lal (Supra), this Court has no hesitation to hold that the petitioner's pension, gratuity or other emoluments cannot be withheld. 10. Mr. Jagga further submits that the District Collector, Sri Ganganagar has not issued 'No Objection Certificate' in petitioner's case in wake of the pendency of the criminal case and appropriate direction(s) be issued to the concerned officers for grant of 'No Objection Certificate'. 11. In view of the above, the writ petition is allowed. The order/Communication dated 15.07.2015 and 15.02.2010 (Annex.20 & 22) so also the Order/Communication dated 19.05.2015 issued by the District Collector, Sri Ganganagar are quashed and set aside. The District Collector, Sri Ganganagar is directed to issue 'No Objection Certificate' in petitioner's case, within a period of four weeks from the receipt of the certified copy of the present order. 12. Needless to say that the petitioner's case thereafter shall be considered and decided on its own merit, except for the alleged disqualification on account of pendency of criminal case and the consequential payment of pension, gratuity after giving effect to the selection grade shall be made within a period of four months from today. If the requisite payment is not made within the period aforesaid, such amount shall carry interest @9% from the date of petitioner's superannuation up-to the date of payment. The writ petition stands allowed with the above directions.