Munna Lal vs State Of U.P. And 3 Others
2022 Latest Caselaw 21512 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 15403 of 2022
 

 
Petitioner :- Munna Lal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Yogendra Kumar Srivastava,Himanshi Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and the learned Standing Counsel.

The contention of the counsel for the petitioner is that despite the petitioner having been retired in the year 2019, he is not being paid the pension or the provisional pension to which he is entitled.

The Standing Counsel has produced the instructions, which are taken on record, to state that the petitioner was convicted in an offence lodged against him in Case Crime No.307 of 2001 vide judgment dated 28.11.2017 and although an appeal is filed and pending before this Court, as no order of suspension of sentence has been passed, the petitioner is not entitled to pension.

The said contention of the State merits rejection in view of the law laid down by the Full Bench judgment of this Court in the case of Shiv Gopal vs. State of U.P. and others; 2019 (5) ADJ 441 wherein this Court after interpreting the provision has held that the government employee is entitled to provisional pension as per the Regulation 919-A (1) of the U.P. Civil Service Regulation even if convict of an offence.

In view thereof the writ petition is disposed off directing the State Government to pay the provisional pension to the petitioner in terms of the entitlement of the petitioner and the provisions of Regulation 919-A(1) of the Civil Service Regulation. The said provisional pension shall be paid to the petitioner after calculating the same within a period of three months.

Order Date :- 16.12.2022

VNP/-