Court No. - 2
Case :- WRIT - A No. - 6593 of 2019 Petitioner :- Govind Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Pathak Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner retired from the post of Constable on 30 April 2018 on attaining the age of superannuation.
By the instant writ petition, petitioner seeks following relief:
"to issue a writ, order or direction in the nature of mandamus directing the respondent no.3 i.e. Deputy Inspector General, District Pilibhit to release the pension and other retiral benefits like gratuity, commutation of pension etc. and also pay interest on the illegal withheld arrears of pension and other post retiral benefits like gratuity, commutation of pension etc. of the petitioner."
On specific query, learned counsel for the petitioner informs that petitioner is receiving provisional pension.
Learned Standing Counsel submits that the in view of sub- Clause 3 of Article 919-A of the Civil Services Regulations, petitioner is not entitled to gratuity which is subject to the final outcome of the pending criminal case bearing Case Crime No.1155 A of 2010, under Sections 306, 343,120B, 504 and 506 I.P.C. and 3 (2) 5 SC/ST Act.
This fact is not being disputed by the learned counsel for the petitioner.
The writ petition being devoid merit is accordingly dismissed.
Order Date :- 29.4.2019 Atul