Citation : 2023 Latest Caselaw 24045 ALL
Judgement Date : 5 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:58443 Court No. - 8 Case :- WRIT - A No. - 6694 of 2023 Petitioner :- Rani Respondent :- State Of U.P. Thru. Prin. Secy./ Chief Addl. Secy. Nagar Vikash Lko. Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in Court is taken on record.
2. The present petition has been filed by the petitioner alleging that certain dues to which the husband of the petitioner was entitled, has been deducted and was stopped on account of the husband of the petitioner being implicated in a criminal case.
3. The petitioner relies on the documents as contained in Annexure-3 and Annexure-4, which provides that the benefit of the ACP would be given to the petitioner only after the conclusion of the criminal trial in which the husband of the petitioner was implicated.
4. It is argued by the Counsel for the petitioner that the trial has now been concluded, as is clear from the judgment dated 24.08.2023 filed along with the supplementary affidavit.
5. In view of the said judgment, the present petition is disposed off directing the respondents to calculate and pay the differences of ACP, which was stopped on account of the criminal trial pending against the husband of the petitioner and accordingly the benefits payable to the husband of the petitioner shall also stand revised.
6. The respondent no.3 is directed to take a decision keeping in view the subsequent judgment passed by the trial court and the reasons for stoppage of the benefit of the ACP to the husband of the petitioner as is evident from the documents contained in Annexure-3 and Annexure-4. The said decision shall be taken and the amount shall be paid to the petitioner within a period of three months from today.
7. This order has been passed in the presence of Sri Namit Sharma, learned Counsel for the Jal Kal Vibhag, Lucknow.
Order Date :- 5.9.2023
akverma
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