ORDER : 1. The instant petition has been moved by the Petitioner being aggrieved by the orders dated 9.1.2019 (Annexure P1) and dated 7.5.2019 (Annexure P2), whereby the Respondents authorities have decided not to pay the amount of gratuity to the Petitioner for the reason that an appeal, being Criminal Appeal No.28 of 2018 of the Petitioner against the order of conviction by the Special Judge under the Prevention of Corruption Act, 1988 (henceforth ‘the PC Act’) is pending before this Court. 2. Facts of the case, in short, are that the Petitioner while working as a Senior Agriculture Development Officer retired on 31.8.2018. He has been implicated in a bribe case for which the Petitioner has been convicted by the Special Judge under the PC Act, Bilaspur on 27.12.2017. Against the said order of conviction, an appeal, being Criminal Appeal No.28 of 2018 has been moved by the Petitioner before this Court which is pending. After his retirement since the Petitioner did not receive any amount of gratuity, he made an application for payment of gratuity as well as for full pensionary benefits. Till date, the Petitioner has not received any gratuity amount. Respondents No.2 and 3 rejected the claim of the Petitioner on account of pendency of the criminal case before this Court. Hence, the instant petition. 3. It is submitted by Learned Counsel appearing for the Petitioner that vide order dated 7.5.2019 (Annexure P2) claim of the Petitioner has been rejected invoking the provisions of Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (henceforth ‘the Pension Rules’), which is not applicable in the case of the Petitioner. According to Learned Counsel, in the light of sub-rule (4) of Rule 9 read with sub-rule (1)(a) of Rule 64 of the Pension Rules, the Petitioner is entitled to get 50% of his gratuity which will be adjusted against final retirement benefit sanctioned to him later on. Therefore, it is prayed by the Learned Counsel that the Respondents may be directed accordingly. 4. Learned Counsel appearing for the Respondents/State opposes the arguments advanced by Learned Counsel for the Petitioner and submits that since a criminal proceeding is already pending against the Petitioner, the impugned order has rightly been passed. 5. I have heard the rival contentions put-forth on behalf of the parties and perused the entire material available including the documents filed with due care. 6. 5. I have heard the rival contentions put-forth on behalf of the parties and perused the entire material available including the documents filed with due care. 6. Undisputedly, the Petitioner has retired from service on 31.8.2018. Before that, on 27.12.2017, he has been convicted by the Special Judge under the PC Act, Bilaspur against which a criminal appeal, being Criminal Appeal No.28 of 2018 has been preferred by the Petitioner which is pending before this Court. Meaning thereby, the judicial proceeding against the Petitioner is still going on. 7. It would be appropriate to reproduce some of the relevant provisions of the Pension Rules, which read as under: “9. Right of Governor to withhold or withdraw pension.— xxxxxx xxxxx xxxxx (4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension and death-cum-retirement gratuity as provided in Rule 64, as the case may be, shall be sanctioned; xxxxx xxxxx xxxxx 64. Provisional pension where departmental or judicial proceeding may be pending.—(1) (a) In respect of Government servants refer to in sub-rule (4) of Rule 9 the Head of Office shall authorise the payment of provisional pension not exceeding the maximum pension and 50% of gratuity taking into consideration the gravity of charges levelled against such Government servant, which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension. (b) The provisional pension shall be drawn on establishment pay bill and paid to retired Government servant by the Head of Office during the period commencing from the date of retirement to the date on which upon conclusion of departmental or judicial proceedings, final orders are passed by the competent authority. (c) Provisional gratuity shall be drawn on establishment pay bill and paid to retired Government servant by the Head of Office after adjusting dues mentioned in sub-rule (2) of Rule 60, under intimation to Audit Office. (c) Provisional gratuity shall be drawn on establishment pay bill and paid to retired Government servant by the Head of Office after adjusting dues mentioned in sub-rule (2) of Rule 60, under intimation to Audit Office. Payment of provisional pension/gratuity made under sub-rule (1) shall be adjusted against final retirement benefit sanctioned to such Government servant upon conclusion of such proceedings, but no recovery shall be made where the pension/gratuity finally sanctioned is less than the provisional pension/gratuity or the pension/gratuity is reduced or withheld either permanently or for a specified period.” 8. A careful reading of the above-quoted rules clearly shows that there is no mention in Rule 64(1)(c) that where judicial/departmental proceeding is pending against the employee, he will not be entitled to get gratuity. A joint reading of sub-rule (4) of Rule 9 and sub-rule (1)(a) of Rule 64 reveals that where judicial/departmental proceeding is pending the employee shall be entitled to get 50% of his gratuity. Thus, in the light of above discussion, this Court arrives at the conclusion that the Petitioner is entitled to get 50% of his gratuity and it is further observed that Rule 64(1)(c) is not applicable to the case of the Petitioner. Accordingly, the Respondents are directed to grant 50% of his gratuity to the Petitioner within one month from the receipt of this order along with simple interest @ 8% per annum from the date of his retirement, i.e., 31.8.2018 till final payment of 50% of his gratuity. 9. In the result, the writ petition is disposed of in the aforesaid terms.