Court No. - 33
Case :- WRIT - A No. - 12908 of 2020 Petitioner :- Rangi Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lalji Chaudhary Counsel for Respondent :- C.S.C.,Arti Raje
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a retired employee of respondent Jalkal Vibhag, Nagar Nigam, Allahabad. He has approached this Court with the grievance that though he has retired long back but his pension is discontinued since the month of September, 2020 on the ground that he has not vacated his official accommodation.
Learned counsel for the petitioner states that soon after petitioner superannuated he vacated the house and no objection certificate has been issued by the respondents in the year 2011 itself. It is stated that petitioner is not in occupation of said house and therefore it is not open for the respondents to withhold petitioner's pension.
Learned counsel for the respondents states that petitioner has inducted his son in the house and although he is not residing but the premises continue to be in his occupation.
In response to the above, learned counsel for the petitioner states that petitioner has no concern with his major son who is living separately. So far as the occupation of the house by petitioner is concerned, he has already vacated the house and he has not any concern with the said premises.
In that view of the matter, it is open for the respondents to get the premises vacated from any unauthorized person, in accordance with law. Petitioner since is not in occupation of the house his pension cannot be withheld for such reasons.
This writ petition, therefore, stands disposed of with a direction upon respondents to immediately restore the petitioner's pension and also release the arrears of pension for the previous months, within a period of two months from the date of presentation of a copy of this order.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 13.1.2021 Anil