HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 67072 of 2015 Court No. - 34 (Sl.No. 23) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Sita Ram Yadav, holding brief of Sri Vinod Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State. 2. The instant petition was filed with the following prayer:- '''a) Issue, a writ, order or direction, in the nature of Mandamus, directing the Respondent Authorities, to pay the Gratuity amount other post- retiral benefits and full pension to the petitioner along with interest, and to pay regular pension to the petitioner, b) Issue, a writ, order or direction, in the nature of Mandamus, directing the Respondent Authorities, to pay the arrears, difference of the regular pension to the petitioner since 1/7/2013, along with interest.'' 3. Briefly stated facts of the case is that the petitioner was working as Sub Inspector in U.P. Police Department and has retired on 30.6.2013 though the provisional pension was paid to the petitioner, however, the payment of gratuity amount, post retiral benefits and full pension has not been paid to the petitioner due to the pendency of the criminal case Crime No. Versus Counsel for Petitioner(s) : Mohammad Fahad, Vijay Gautam, Vijay Gautam(Senior Adv.), Vimal Kumar Pandey, Vinod Kumar Singh Counsel for Respondent(s) : C.S.C. Balram Retired Si M .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 431 of 1996 under Section IPC P.S. Kotwali, District Hameerpur against the petitioner, herein. 4. Submission of the learned counsel for the petitioner is that in the instant case, initially the investigation was carried out and the Final Report No. 65 of 1996 was submitted. Thereafter, the order for further investigation was passed and the matter was pending for further investigation. During the pendency of the further investigation of the matter, the entire record of the case was lost. Thereafter, for the said offence, fresh case Crime No. Nill of 2016 dated 28.1.2016 was registered in which the aforesaid facts were noticed in the FIR itself. Later on, on 29.12.2017, the final report was submitted which was taken on record by Chief Judicial Magistrate, Hamirpur on 22.3.2018 and later on vide order dated 14.5.2022, the matter was referred to the Lok Adalat in which informant has also appeared before the Chief Judicial Magistrate, Hamirpur the said final report was accepted on 14.5.2022 and the case has been closed. 5. In such view of the matter, learned counsel for the petitioner submits that since no proceedings pursuant to the said case Crime No. 431 of 1996 are pending after the order dated 14.5.2022. In such view of the matter, the respondents are under an obligation to release the pensionary benefits to the petitioner. 6. It is admitted position in the instant case that no other proceedings were initiated against the petitioner and no adverse order was passed against the petitioner and the pensionary benefits and retiral dues were stopped/ withheld by the respondents only because of the pendency of the case Crime No. 431 of 1996 which has now been closed vide order dated 14.5.2022. 7. In such view of the matter, there is no hindrance for release of the pensionary benefits to the petitioner. WRIA No. 67072 of 2015 2 Accordingly, the respondents are directed to release all pensionary benefits to the petitioner within a period of three months from the date of presentation of certified copy of this order before the authority concerned, in accordance with law. 8. With the aforesaid observation/ direction, the instant petition stands disposed of. May 7, 2026 n.u. WRIA No. 67072 of 2015 3 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad