Ram Prakash Yadav vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 11316 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- SERVICE SINGLE No. - 26314 of 2021
 

 
Petitioner :- Ram Prakash Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. & Ors.
 
Counsel for Petitioner :- Vinod Kumar Singh
 
Counsel for Respondent :- C.S.C.,Neeraj Chaurasiya
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondent nos. 1 & 2 has been accepted by the office of the Chief Standing Counsel and on behalf of respondent nos. 3 & 4, notice has been accepted by Sri Neeraj Chaurasiya, Advocate.

Submission of learned counsel for the petitioner is that the petitioner has retired from service and merely on account of pendency of a criminal case pending against him, which involves penalty of sum of Rs. 40,080/-, the petitioner has only been granted the provisional pension by means of the order dated 24-05-2021, which is impugned in the present writ petition.

It is submitted that the petitioner is entitled for the regular pension and merely on account of some paltry sum in dispute, his regular pension may not be withheld and other dues may be released.

Learned Standing Counsel as well as Sri Neeraj Chuaurasiya, learned counsel for the respondents no. 3 & 4 submit that in view of the Judgment and order dated 08-05-2019 passed by Full Bench of this court in Special Appeal No. 40 of 2017, Shiv Gopal Versus State of U.P., the petitioner is not entitled for the regular pension and till the conclusion of the enquiry which is pending against him, he is only entitled for the provisional pension.

Let State as well as Sri Neeraj Chauraisya, learned counsel for the respondent nos. 3 & 4 file their Counter Affidavits within two weeks.

The petitioner would have one week time thereafter to file Rejoinder Affidavit.

List this case on 07-12-2021 as fresh.

Order Date :- 12.11.2021

AKS