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Ram Prasad Singh vs State Of U.P. And 5 Others on 19 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 59

Case :- WRIT – A No. – 16217 of 2019

Petitioner :- Ram Prasad Singh

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra

Counsel for Respondent :- C.S.C.

Hon’ble Saumitra Dayal Singh,J.

1. Heard learned counsel for the parties.

2. Petitioner has superannuated from the post of Constable in U.P. Police on 31.05.2018. He has already been paid provisional pension. Petitioner has approached this Court with a grievance that regular pension and gratuity is also liable to be paid to the petitioner.

3. It is not in issue that judicial proceedings are pending against the petitioner in Criminal Case Crime No.485/1995 under Sections-64/498A SectionIPC, Police Station-Thakurdwara, District-Moradabad.

4. At the outset, learned counsel for the petitioner fairly points out that in view of the recent Full Bench decision of this Court in Special Appeal No.40 of 2017 (Shivgopal Vs. State of U.P. Others) decided on 08.05.2019, the petitioner may not be able to successfully claim payment of final pension and gratuity during pendency of the criminal proceeding.

5. In similar circumstances, Writ A No.11940 of 2019 (Sudhindra Kumar Singh Vs. State of U.P. 5 Others) has been dismissed on 06.08.2019, with the following observations:-

“The Larger Bench has clearly held that during the pendency of judicial proceedings release of regular pension or gratuity would be impermissible. The only relief which can be granted, in such circumstances, is for payment of provisional pension.

In view of the fact that since the judicial proceedings are pending, petitioner would not be entitled to regular pension and gratuity. Provisional pension is otherwise being paid to him. The action of the respondents is in accordance with the law laid down by Larger Bench of this Court in Shivagopal (supra).

Writ petition is accordingly dismissed.”

6. With the same observations, the present petition is also dismissed.

Order Date :- 19.10.2019

S.Chaurasia

 

 

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