Allahabad High Court
Surendra Pal vs State Of U.P. Through Prin. Secy. ... on 4 July, 2017
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
AFR
Court No. - 4
Case :- SERVICE SINGLE No. - 296 of 2015
Petitioner :- Surendra Pal
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Home Lko. & Ors.
Counsel for Petitioner :- Rajeev Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J.
(C. M. Application No. 27856 of 2016)
This is an application for review of the judgment dated 17.12.2015 passed in Writ Petition No. 296(S/S) of 2015.
The aforesaid writ petition was filed by the petitioner being aggrieved against his gratuity being withheld on account of pendency of judicial proceedings.
It was contended that there was no provision under which gratuity could be withheld.
This Court by referring Regulation 919-A, the earlier judgments on the subject, opined that the said regulation contained a provision for withholding of gratuity during pendency of departmental or judicial proceedings.
The petitioner had challenged the above judgment by means of Special Appeal No. 62 of 2016, wherein, it was contended that the words ''judicial proceedings' do not figure in Regulation 919-A, which has been erroneously quoted in the judgment of the Single Judge Bench. Consequently an erroneous judgment has been rendered. The Appellate Court held that the difference in wording of Regulation 919-A should be pointed out before the Single Judge. It is in these circumstances this review application has been filed.
The only ground pressed before the Court is that the word ''judicial proceeding' does not figure in Regulation 919-A.
Shri Rajeev Singh, learned counsel appearing for the applicant placed before the Court some of the books which do not contain these words.
Regulation 919-A was inserted in the Civil Service Regulations vide notification dated 9th January, 1983 published in the Gazette on 11th June, 1983 by way of U.P. Civil Service (Tenth Amendment) Regulations, 1983, which reads as under:-
"Published in the U.P. Gazette, Part IA, dated June 11, 1983
PERSONNEL DEPARTMENT
Lucknow, the 9th January, 1983
No. G-3-79/X-909-79.- In exercise of the powers under the proviso to Article 309 of the Constitution, the Governor is pleased to make the following Regulations with a view to amending the Civil Service Regulations as adopted in their application to Uttar Pradesh:
1. Short tile and commencement- (1) These Regulations may be called the Uttar Pradesh Civil Service (Tenth Amendment) Regulations, 1983.
(2) The shall be deemed to have come into force with effect from October 28, 1980.
2. Insertion of new Articles 351-AA and 919-A.-In the Uttar Pradesh Civil Service Regulations:-
(i) After the existing Article 351-A, the following new Article shall be inserted, namely:
"351AA. In the case of a Government Servant who retires on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings or an enquiry by Administrative Tribunal is pending on the date of retirement or is to be instituted after retirement, a provisional pension as provided in Article 919-A may be sanctioned"; and
(ii) After Article 919, the following new Article shall be inserted, namely:-
"919-A. (1) In cases referred to in Article 351, the Head of Department shall authorise the provisional pension equal to the maximum pension 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.
(2) The provisional pension shall be authorised for the period commencing from the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceeding or the enquiry by the Administrative Tribunal, as the case may be, final orders are passed by the competent authority.
(3) No death-cum-retirement gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings or the enquiry by the Administrative Tribunal and issue of final orders thereon.
(4) Payment of provisional pension made under clause (1) above, shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of the proceedings or in unity referred to in clause (3) but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period."
The above quoted provision clearly mentions the word ''departmental or judicial proceeding', therefore, the basis for seeking review is non existent. The publishers of the books do not appear to have taken note of this fact. Thus, the only ground pressed by Shri Singh is misplaced.
As no other ground has been pressed the review application is rejected.
Order Date :- 4.7.2017
R.K.P. (Rajan Roy,J.)
Case :- SERVICE SINGLE No. - 296 of 2015
Petitioner :- Surendra Pal
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Home Lko. & Ors.
Counsel for Petitioner :- Rajeev Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J.
(C. M. Application No. 27858 of 2016)
This is an application for condonation of delay in filing the review application supported with affidavit.
Heard learned counsel for the parties.
Cause shown in the affidavit filed in support of the application for condonation of delay in filing the review application is sufficient.
The application is allowed and the delay is condoned.
Order Date :- 4.7.2017
R.K.P. (Rajan Roy,J.)
