Court No. - 33
Case :- WRIT - A No. - 5019 of 2021 Petitioner :- Ram Asare Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 16.12.2020, whereby regular pension and gratuity payable to the petitioner has been withheld on the ground that the petitioner's continuance is pursuant to interim order passed by this Court in Writ Petition No. 17238 of 2019 and, as he has attained the age of superannuation, the payment of retiral benefits would be subject to the outcome of the Writ Petition No. 17238 of 2019.
Learned counsel for the petitioner with reference to the previous order passed by this Court on 15.07.2021 states that denial of pensionary benefit to the petitioner is wholly arbitrary.
Learned Standing Counsel states that the petitioner's continuance was pursuant to the order passed by this Court. As the writ petition is pending, the question of payment of regular pension and gratuity would not arise.
From the perusal of the record it is apparent that the petitioner has been allowed to continue pursuant to the interim order passed by this Court in Writ Petition No. 17238 of 2019. During the pendency of the writ petition the petitioner has attained the age of superannuation. The Writ Court has not passed any order for payment of retiral benefits to the petitioner. Even otherwise such payment would be subject to the orders to be passed in the writ petition. No exception can be taken in such circumstances for denial of pensionary benefit to the petitioner at this stage.
Writ petition lacks merit and is accordingly dismissed. Liberty, however, stands reserved to pursue Writ Petition No. 17238 of 2019 and depending upon the outcome thereof pensionary claim of the petitioner would be dealt with.
Order Date :- 29.7.2021 Pkb/