Brajesh Mohan Trivedi vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 12762 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 20423 of 2021
 

 
Petitioner :- Brajesh Mohan Trivedi
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Cane Devt. And Ors.
 
Counsel for Petitioner :- Shobhit Kant
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Shobhit Kant, learned counsel for petitioner as well as learned Standing Counsel for the respondent.

2. It has been submitted by learned counsel for petitioner that petitioner was appointed on the post of Sugarcane Inspector in 1980 and subsequently after completing 8 years of service was promoted to Class-I Grade and superannuated on 31.08.2012.

3. It is stated that at the time of his retirement, a criminal matter was pending against him in Case Crime No. 156/1997 registered under Section 3/4/5/7 P.I.T.A. at P.S. Ghazipur, Lucknow.

4. It is on account of pendency of the criminal proceedings against the petitioner that the pension as well as gratuity were not sanctioned or paid to the petitioner It is further submitted by learned counsel for petitioner that trial in the aforesaid case has been concluded on 28.01.2020 and he was acquitted in Criminal Trial No. 156/1997. The petitioner alias Brij Mohan was acquitted of all the charges.

5. After the judgment dated 28.01.2020 passed by the Court of Special chief Judicial magistrate, Lucknow, the petitioner has made several representations to the respondents stating that there is no other criminal case pending against petitioner and he is duly entitled to be paid post retiral dues including pension and gratuity but respondents have not paid the same.

6. After arguing at some length, learned counsel for petitioner submits that his grievance will be substantially redressed in case a suitable direction is given to respondent No. 1 to consider and decide the representation of the petitioner dated 08.10.2020 expeditiously.

7. Learned Chief Standing counsel does not dispute or object to the aforesaid prayer made by learned counsel for petitioner.

8. Accordingly, without entering into merit of the case, present writ petition is disposed of with direction to respondent No. 2 to consider and decide the representation of the petitioner dated 08.10.2020 as contained as Annexure No. 5 to the writ petition with reasoned and speaking order in accordance with law within a period of eight weeks from the date a certified copy of this order is produced before him and communicate the decision to the petitioner.

(Alok Mathur, J.)

Order Date :- 13.9.2022

Ravi/