Neutral Citation No. - 2025:AHC:30464 Court No. - 6 Case :- WRIT - A No. - 16334 of 2024 Petitioner :- Awadesh Kumar Lal Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Bijendra Kumar Mishra Counsel for Respondent :- A.S.G.I.,Abrar Ahmad Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and Sri Abrar Ahmad, learned counsel for the respondents. 2. Present petition has been filed with the following prayer: "I. Issue a writ, order or direction in the nature of mandamus commanding to the respondent to given pay ACP promotional grade pay and second promotional grade pay which has not been paid to the petitioner since 1999 during the pendency of the criminal case within specific time granted by this Hon'ble Court. II. Issue a writ, order or direction in the nature of mandamus commanding to the respondent to pay the arrear after awarding ACP promotional grade pay and second promotional grade pay which was given to similar employees those are appointed along with petitioner and retired the same but petitioner has not give the same due to pendency of criminal case even petitioner acquitted from criminal case." 3. Learned counsel for the petitioner submitted that during the pendency of the judicial proceeding, petitioner is fully entitled for ACP promotional grade pay and second promotional grade pay. He next submitted that in the judgment of Full Bench of this Court in the matter of Shivagopal Vs. State of U.P. and Others: 2019 0 Supreme(AII) 1305, the Court has directed that only gratuity shall be detained till the pendency of judicial proceeding either criminal or civil, therefore, petitioner is fully entitled for ACP promotional grade pay and second promotional grade pay. 4. Sri Abrar Ahmad, learned counsel for the respondents could not dispute the legal submission made by learned counsel for the petitioner. 5. I have considered the submissions advanced by learned counsel for the parties and perused the record as well as judgment relied upon. 6. Facts of the case are undisputed that petitioner is claiming only ACP promotional grade pay and second promotional grade pay. The judgment of Shivagopal(Supra) provides that till the pendency of judicial proceeding either criminal or civil, government employee is not entitled for death cum retiral gratuity. Relevant paragraph of the aforesaid judgment is being quoted hereinbelow: "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. ------------------------------------------------------------------------------------------ 7. Under such facts of the case as well as judgment of Shivagopal(Supra) a writ of mandamus is issued to respondent to consider the payment of ACP promotional grade pay and second promotional grade pay to petitioner in accordance with rules, maximum within a period of two months from the date of production of certified copy of this order. 8. In case petitioner is not entitled to ACP promotional grade pay and second promotional grade pay, respondent is directed to pass reasoned order within the same time. 9. It is further made clear that claim of petitioner shall not be rejected on the ground of pendency of judicial proceeding against the petitioner in light of judgment of Shivagopal(Supra). 10. With the aforesaid observation, writ petition is disposed off. Order Date :- 4.3.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad