Court No. - 38
Case :- WRIT - A No. - 8223 of 2019 Petitioner :- Ram Nath Rathaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Bhan Dubey,Anil Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have been appointed as a Pharmacist on 02.03.1981 and has attained the age of superannuation on 31st July 2018. He has approached this Court with the grievance that none of the retiral benefits have been paid to him, so far.
Perusal of the record would go to show that petitioner was convicted in Case Crime No. 33 of 1996 under Section 307, 323, 324 and 506 read with Section 3(1)(X) SC/ST Act, Police Station- Saroorpur, District Meerut. The conviction has been challenged by the petitioner in Criminal Appeal No. 2902 of 2002, wherein he has been bailed out.
A full Bench of this Court in Special Appeal No. 40 of 2013 Shivagopal Vs. State of U.P and four others decided on 08.05.2019 has been pleased to examine the question as to whether pension and gratuity etc. would be payable to an employee against whom criminal proceedings are pending. The larger bench has been pleased to answer the reference in following words in paragraph 38:-
"38. In view of the aforesaid facts and circumstances, the two questions which had come up for our opinion are answered as under:-
(i) A government employee is not entitled to death cum retiral gratuity unless the conclusion of the departmental proceedings or the enquiry by the Administrative Tribunal or judicial proceedings which includes both civil and criminal.
(ii) The law as laid down in Jai Prakash (Supra) is the correct law whereas all other decisions said to be in conflict with it are actually not in conflict rather do not address to the legal position with which we are concerned in these writ petitions but with pension alone or if with gratuity on the basis of the equity and that too without reference to regulation 919- A and as such would not apply in the matter of payment of gratuity to the government employee."
In view of the above, the petitioner would not be entitled to gratuity and pension etc. It shall, however, be open for the petitioner to represent his grievance regarding denial of provisional pension before the respondent no. 2, who shall do the needful, in view of the law laid by this Court in Shivagopal (supra), within a period of four months from the date of presentation of certified copy of this order.
This petition stands disposed of, accordingly.
Order Date :- 26.9.2019 M. ARIF