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2025 DAILYLAW 102930 (ALL)

SANTOSH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIA/15006/2025 · 2025-10-06

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15006 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Lalit Srivastava, learned counsel for the writ petitioner as well as Sri R.S. Umrao, learned Standing Counsel for the State. 2. The case of the writ petitioner is that he was posted as a Constable in P.A.C., Prayagraj and he superannuated on 31.05.2022, however, prior to his superannuation, a Criminal Case No.171 of 2013 under Section 3/4 of the Gambling Act came to be lodged against him. Since the writ petitioner was not paid his post-retiral benefits, so he preferred Writ-A no.21759 of 2022, Santosh Kumar vs. State of U.P. which came to be disposed of on 17.10.2023, requiring the respondents to decide his claim. However, in the meantime, the said criminal case came to be decided in favour of the writ petitioner in Criminal Case No.1722A of 2013 under Section 3/4 of the Gambling Act. Submission of the learned counsel for the writ petitioner is that now there happens to be no legal impediment, as the criminal case stood decided in his favour, thus he is entitled to the benefits. 3. Prayer in the present petition is for a mandamus directing the respondents to pay the pension and other retiral dues to him forthwith. 4. Learned Standing Counsel on the other hand submits that a conscious decision is required to be taken. 5. Accordingly, the writ petition stands disposed of requiring the petitioner to move a comprehensive representation along with self attested copy of the writ petition and certified copy of the order before the competent authority/ Principal Secretary, Home Affairs, Govt. of U.P. Lucknow, who shall thereafter proceed to pass appropriate orders seeking report from the Versus Counsel for Petitioner(s) : Lalit Kumar Srivastava Counsel for Respondent(s) : C.S.C. Santosh Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) authorities within a period of three months. 6. In case, the first respondent/ Principal Secretary (Home Affairs), Govt. of U.P, Lucknow is of the opinion that the matter needs to be decided by some other authorities, then the papers be transmitted to him with due communication to the petitioner. October 7, 2025 N.S.Rathour WRIA No. 15006 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad