Court No. - 38 Case :- WRIT - A No. - 32089 of 2010 Petitioner :- Ram Sanehi Respondent :- State Of U.P. & Others Petitioner Counsel :- Upendra Upadhyay Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned Standing Counsel.
The grievance raised by the petitioner in the present writ petition is regarding
payment of the retiral benefit. According to the petitioner, the petitioner has
retired in the year 1998 and various correspondences are being made between
respondents no.3 and 4 whch is apparent from letter dated 4.3.2010,
Annexure-3 to the writ petiton. It is mentioned in the said letter that in view of
the pendency of the criminal case against the petitioner the final pension to
the petitioner is not being paid as there is a stay from the High Court.
According to the petitioner the criminal case does not relate to the service.
Due to the village enmity, the petitioner has been implicated falsely,
therefore, on the basis of the said pendency of the criminal case, which does
not relate to the service, the pension of the petitioner cannot be withheld, that
too after retirement in the year1998.
I have considered the submissions of the petitioner and the learned Standing
counsel.
From the perusal of the letter dated 4.3.2010 it appears that various
correspondence on various dates from 2006 are being made between
respondents no. 3 and 4 and that too without any result. In my opinion, in case
any criminal proceeding as alleged is pending against a person who has
already retired, and it does not relate to the employment, whether pension of a
retied employee can be withheld only on the ground of pendencty of the
criminal case. This issue has not been considered by the authorities, therefore,
in my opinion it will be appropriate that respondent no.2 may take a decision
regarding payment of pension to the petitioner according to law by a speaking
and reasoned order within a period of three moths from the date of production
of certified copy of the order. A liberty is given to the petitioner to file a
comprehensive representation before respondent no.2 within a period of two
weeks.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 8.7.2010
V.Sri/-