Allahabad High Court
Daya Ram Pandey vs State Of U.P. And 3 Ors. on 23 March, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 18574 of 2017
Petitioner :- Daya Ram Pandey
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Ram Vishal Mishra,Bala Nath Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing writ petition no. 21854 of 2010, which came to be disposed of vide following order passed on 22.4.2010:-
"Heard learned counsel for the petitioner and learned Standing Counsel.
Petitioner filed a writ petition before this Court for voluntary retirement, which was not accepted by the department. This Court by order dated 02.08.2006 was pleased to pass the order that application of the petitioner for voluntary retirement shall be treated to be accepted and respondents will pay the retiral benefits within a period of three months. Petitioner submits that in view of the pendency of the criminal case, which is totally personal and does not relate to the department, on that ground only provisional pension of the petitioner is being paid but regular pension, selection grade , arrears of the pension as well as gratuity has not been paid in spite of the repeated request and representation submitted by the petitioner. Hence the present writ petition.
I have considered the submissions made on behalf of the parties and perused the record. On the instruction, learned Standing Counsel submits that criminal cases pending against the petitioner is not related to the department and no departmental proceeding was ever initiated against the petitioner.
In view of the aforesaid facts and circumstances, in my opinion if an application for voluntary retirement has already been accepted and no case is pending against the petitioner relating to the departmental proceeding or relating to the affairs of the department then retired persons is entitled to get his retiral benefits immediately.
In such circumstances, this writ petition is being disposed of finally directing the respondent No.2 to take a decision regarding the payment of gratuity amount as well as full pension and other dues to the petitioner within a period of two months from the date of production of certified copy of this order before him. It is further provided that if the respondent No.2 takes a decision in affirmative then the amount due to the petitioner be paid within a period of one month thereafter.
The writ petition is disposed of accordingly.
No order is passed as to costs."
Pursuant to such order passed, the claim of the petitioner for release of regular pension and gratuity has been rejected by the order impugned, dated 18th September, 2016. This order records that criminal proceedings are pending against the petitioner in Case Crime No. 124 of 1995 and Case Crime No. 507 of 2003. It is stated that since criminal proceedings are pending, therefore, regular pension and gratuity cannot be released.
Learned counsel for the petitioner states that petitioner is suffering from heart ailment and his implication in the criminal cases is based on false facts. It is also stated that these proceedings have been stayed by this Court.
Learned Standing Counsel on the other hand places reliance upon a Full Bench Judgment of this Court in Special Appeal No. 40 of 2017 (Shivagopal Vs. State of U.P. and others) alongwith other matters to submit that where criminal proceedings are pending only provisional pension is payable and the amount of regular pension and gratuity will have to await disposal of the criminal proceedings.
In the facts of the case, it is not disputed that petitioner is already getting provisional pension and 90% GPF amount has already been paid to him. This writ petition, therefore, stands disposed of with a direction upon the respondents to examine petitioner's claim in light of the law laid down by the Full Bench in the case of Shivagopal (supra) and if any further amount is found due and payable, in terms of such decision, the same shall be paid to the petitioner within a period of two months from the date of presentation of a copy of this order.
Order Date :- 23.3.2021
Ranjeet Sahu
