Amar Bahadur vs State Of U.P. And Another
2022 Latest Caselaw 18995 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 19083 of 2022
 

 
Petitioner :- Amar Bahadur
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Chandan Sharma,Neeraj Rai
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Vikram D. Chauhan,J.

The writ petition is filed with the following prayers:-

"A. Issue a writ, order or direction in the nature of mandamus commanding and directing upon the respondents to pay arrears of pension to petitioner with effect from June, 2021 till date alongwith interest @ 12% per annum and pension month-to-month basis regularly;

B. Issue a writ, order or direction in the nature of mandamus commanding and directing upon the respondents to pay the amount of gratuity to the petitioner along with interest @ 12% per annum."

It is submitted by learned counsel for the petitioner that the petitioner was working on the post of Constable in Civil Police and has retired on 31.5.2021, however, the retiral dues of the petitioner including gratuity has not been paid. It is submitted that gratuity has been withheld on the ground that a criminal case is pending against the petitioner. It is the submission of learned counsel for the petitioner that in view of the judgment of this Court in Brajendra Kumar Singh Vs. State of U.P. and Ors. (Writ-A No. 2461 of 2015, decided on 17.08.2022) which refers to the earlier judgment of the Full Bench of this Court in Special Appeal No. 40 of 2017 (Shivagopal Vs. State of U.P. and 4 others) gratuity and retiral benefits of the petitioner cannot be withheld by the respondents. The petitioner has also filed a representation dated 5.11.2022 before the respondent authorities, however, till date no order has been passed.

Learned Standing Counsel for the respondent-State does not dispute the aforesaid proposition of law and submits that the representation dated 5.11.2022 of the petitioner shall be considered and decided by the respondent authorities in accordance with law in a time bound manner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, it is hereby directed that the representation dated 5.11.2022 of the petitioner shall be considered and decided by the respondent authorities in view of the law laid down by this Court in Brajendra Kumar Singh (supra) within a period of two months from the date of production of certified copy of this order.

With the aforesaid observation/direction, writ petition is disposed of.

Order Date :- 28.11.2022

VMA