Prabhunath vs The State Of U.P. And 4 Others
2022 Latest Caselaw 8291 ALL

Citation : 2022 Latest Caselaw 8291 ALL
Judgement Date : 27 July, 2022

Allahabad High Court

Prabhunath vs The State Of U.P. And 4 Others on 27 July, 2022

Bench: Sangeeta Chandra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 10795 of 2022
 
Petitioner :- Prabhunath
 
Respondent :- The State Of U.P. And 4 Others
 
Counsel for Petitioner :- Dhannajai Pratap
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. Heard.

2. This petition has been filed praying for a mandamus to be issued to the respondent to pay gratuity amount, commutation of pension and other post retiral benefits with interest with effect from the date of his retirement.

3. It is apparent from the pleadings on record that the petitioner is an accused in Case Crime No.285 of 2012 under Section 419, 420, 468, 471 I.P.C. registered at Police Station Kotwali, District Chandauli and the said criminal case is still pending against him. Such a mention has been made in the order passed by the Superintendent of Police Hamirpur dated 19.12.2020 directing payment of provisional pension to the petitioner in the meantime till his criminal case is finally decided.

4. Learned counsel for the petitioner has placed reliance upon a judgment rendered by Hon'ble Supreme Court in the case of Dr. Hiralal Vs. State of Bihar, to say that under the law settled by Hon'ble Supreme Court, the respondent cannot withhold pension and other retiral dues of the petitioner.

5. This Court has carefully perused the judgement of the Supreme Court which is in respect of Bihar Pension Rules 1950 as amended from time to time and administrative circulars and Government Resolutions issued by the State of Bihar.

6. With respect to State of U.P., however a Full Bench of this Court in Shivgopal Vs. State of U.P. and others, 2019 (5) ADJ 441 (FB), has held otherwise.

7. This petition is disposed of with a direction to the respondent to continue to give provisional pension to the petitioner which was initially made admissible only for the period of six months till such time that the petitioner's criminal case is decided by the competent trial court. The respondent shall also try and make payment of his G.P.F. and Group Insurance benefit which are admissible to the petitioner even during the pendency of the criminal case, within a period of three months from the date a copy of this order is produced before him.

Order Date :- 27.7.2022

Rahul