Court No. - 33
Case :- WRIT - A No. - 12972 of 2015 Petitioner :- Ram Lakhan Gupta Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- A.R. Dwivedi,Akhilesh Kr. Pandey,Rohan Gupta,Vijay Bahadur Shivhare Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed challening the order dated 25.11.2014, whereby benefit of regular pension and gratuity has been withheld on the ground of pendency of a criminal case.
It is contended by the counsel for the petitioner that the Government Order dated 24.10.1981 is absolutely arbitrary and mere pendency of criminal case is not to be treated as a bar for release of regular pension and gratuity.
The petition is opposed by the learned Standing Counsel.
This Court in the case of Shivgopal vs. State of U.P. & Others (Special Appeal No. 40 of 2017) has examined the statutory scheme in order to hold that where criminal proceedings are pending it is open for the employer to withhold the regular pension and gratuity and only provisional pension can be paid in such circumstances. It is admitted that the petitioner is getting provisional pension.
In view of the pronouncement of law by Full Bench of this Court, no relief can be granted to the petitioner.
The petition is dismissed.
Order Date :- 7.1.2021 Pkb/