Allahabad High Court
Malti Devi vs State Of U.P. And 4 Others on 2 August, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 4478 of 2021
Petitioner :- Malti Devi
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Krishna Kumar Chaurasia
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's husband was Survey Lekhpal, against whom a first information report was lodged, being Case Crime No. 6 of 1997, under Sections 420, 467, 468, 471, 506 I.P.C. at Police Station- Kotwali City, District- Mirzapur. He ultimately retired on 31.12.2016 and has also died. Petitioner although is being paid provisional pension but regular pension and gratuity etc. has not been released.
Attention of the Court has been invited to an order passed by this Court on 23.07.2021 in Writ Petition No. 19551 of 2018, in which similar controversy was raised by another employee, who was also accused in the same criminal case i.e. Case Crime No. 6 of 1997. The writ petition has been allowed vide following order dated 23.07.2021:-
"It is well settled that payment of gratuity and full pension can be stopped only in accordance with the Regulation 351-A of the Centralised Service Rules, which are applicable to the employees of the State of U.P. The said Regulation specifically provides for the contingency in which the gratuity and full pension can be stopped.
In view of the fact that no suspension order or charge-sheet has been served on the petitioner prior to his retirement, no judicial proceedings can be said to be pending in view of specific document stating that no charge-sheet has been filed (Annexure-10), I am of the firm view that withholding of the gratuity and full pension was without any authority of law. Needless to add, the pension is a property and a citizen cannot be deprived of his property in terms of the Article 300-A of the Constitution of India. Withholding of gratuity and full pension is without any authority of law and the case of the petitioner does not fall within the Regulation 351-A. The writ petition deserves to be allowed.
The order dated 18.4.2018 is set aside with the direction to pay the full pension and gratuity to the petitioner along with interest @ 9% per annum from the date of retirement till actual payment.
The writ petition stands disposed of in terms of the said directions."
Instructions have been obtained by the learned Standing Counsel, as per which also no charge sheet has been filed and it is alleged that only investigation is going on since 1997.
As the controversy raised in this petition is already concluded vide judgment and order dated 23.07.2021 passed by this Court, this petition also succeeds and is allowed on same terms.
Order Date :- 2.8.2021
Pkb/
