Will have to wait, but you are entitle to minimum bare wages so that you can live your livelihood.

If you have not been convicted then youbare entitled for the same.

Regards

SC has held that retiral benifit are not bounty but your rights which can not be denied.

Regards

Kindly explain you query in detail if you want a reply in detail

Thanks and Regards

You should file petition before CAT for release of your gratuity , pension benefits,leave encashment salary

2) the tribunal in case of I Yesudanam OA 2281/2009 has held that leave encashment and retirement benefits cannot be withheld during pendency of judicial proceedings

sub-rule (3) to Rule 39 of the Central Civil Services (Leave) Rules, 1972. The said Rule unfolds itself in the following words:-

39. Leave/Cash payment in lieu of leave beyond the date of retirement, compulsory retirement or quitting of service. (3) The authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of a Government servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of Government dues, if any.

One of the necessary condition to be satisfied in this regard is that the authority competent to grant leave can withhold whole or part of the cash equivalent of the earned leave if in the view of such authority, there is possibility of some money becoming recoverable from him on conclusion of the proceedings against him. This satisfaction of the concerned authority necessarily has to be in writing. Our attention has not been drawn that any such view has been expressed by the authority competent to grant the leave by passing an order to withhold the same for reasons referred to above. In the absence of any such opinion having been expressed, we are of the considered opinion that leave encashment could not have been withheld that was due to the applicant.

There is a ruling by the Hon\'ble Supreme which laid down that Pension, Gratuity, PF and other benefits of an employee can not be stopped under any circumstances. It is advisable to file a writ petition in the High Court or Supreme Court for direction to the authority to immediately release these benefits. That an authority or organization cannot withhold a part of pension and/or gratuity during the pendency of departmental/criminal proceedings, the Supreme Court has held.

They cannot do so, unless the charges against you in the criminal trial are of grave misconduct accusing you of have caused pecuniary loss to the government by misconduct or negligence during your service.

Please share the case details.

Dear Client,

Retirel benefits cannot be hold by the employer during pendency of criminal proceedings, unless pension rules provide for the same.

Charges in CBI inquiry ?

Refer - link below,

http://www.thehindu.com/news/national/retirement-benefits-cant-be-withheld-pending-enquiry/article5035711.ece

In the absence of any provision in the pension rules, a State government cannot withhold a part of pension and/or gratuity during the pendency of departmental/criminal proceedings, the Supreme Court has held.

Giving this ruling, a Bench of Justices K.S. Radhakrishnan and A.S. Sikri said: “It is an accepted position that gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. Right to receive pension was treated as right to property.”

Writing the judgment, Justice Sikri said: “According to Article 300 A of the Constitution, no person shall be deprived of his property save by authority of law. A person cannot be deprived of his pension without the authority of law. It follows that the attempt of the appellant [in this case the Jharkhand government] to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.”