Yunus Ali vs State Of U.P. And 3 Ors.
2022 Latest Caselaw 15583 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 34445 of 2016
 

 
Petitioner :- Yunus Ali
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Araf Khan,Arif Ikbal,Lihazur Rahman Khan,Sudarshan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

Supplementary affidavit filed today is taken on record.

It is submitted by the learned counsel for the petitioner that the petitioner was working on the post of Sub-Inspector and has retired on 30th June, 2016. However, retiral dues were not given to the petitioner. The provisional pension was being paid to the petitioner. The retiral dues have not been paid to the petitioner on account of pendency of a criminal case against the petitioner.

It is further submitted that in the aforesaid criminal case, the petitioner has been acquitted by judgment and order dated 29th March, 2019 and, on the aforesaid basis, the learned counsel for the petitioner submits that once acquittal has been recorded in favour of the petitioner, the petitioner is entitled for release of the retiral dues.

Learned counsel for the petitioner submits that in view of the subsequent acquittal the petitioner is entitled for release of the retiral dues.

Learned Standing Counsel submits that the claim of the petitioner for release of the retiral dues in pursuance of the acquittal recorded in the criminal proceedings will be considered by the competent authority in accordance with law in a time bound manner.

Considering the facts and circumstances of the case and the submissions advanced by the learned counsel for the parties, it is hereby directed that the petitioner may file a representation along with the copy of the order of acquittal before the respondent no.3 within a period of 15 days from today. In case any such representation is filed, the respondent no.3 shall consider the aforesaid representation and shall take a decision for release of retiral dues of the petitioner within a further period of two months from the date of filing of the representation alongwith a copy of this order.

With the aforesaid directions/observations, the writ petition is disposed of.

Order Date :- 1.11.2022

Bhaskar