Neutral Citation No. - 2025:AHC:64871 Court No. - 5 Case :- WRIT - A No. - 817 of 2025 Petitioner :- Pheru Lal Rajpoot Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- Abhishek Srivastava,C.S.C.,K.K.Rao Hon'ble Ajay Bhanot,J. Instructions filed by learned counsel for the respondent are taken on record. Shri Pranesh Kumar Mishra, learned counsel for the petitioner, Shri Abhishek Srivastava, learned counsel assisted by Ms. Suramya Srivastava, learned counsel for the respondent nos. 2 to 5 and Shri Piyush Pandey, learned counsel holding brief of Shri K.K. Rao, learned counsel for the respondent are present. By the impugned order dated 09.04.2019, the gratuity of the petitioner has been withheld and provisional pension has been released on the footing that a departmental enquiry is pending against the petitioner. Shri Abhishek Srivastava, learned counsel assisted by Ms. Suramya Srivastava, learned counsel for the respondent nos. 2 to 5 submits that the departmental enquiry has concluded. A punishment has been imposed upon the petitioner. The rationale on which the impugned order was passed has ceased to exist. The impugned order is liable to be quashed and is quashed. The respondents shall pass a fresh order in light of the decision of the disciplinary authority on the enquiry report. The writ petition is allowed subject to the above observations. The petitioner has superannuated from service on 31.12.2018. The respondents shall decide the matter regarding payment of pension and release of gratuity within a period of one month from the date of receipt of a certified copy of this order. However, the respondents shall continue to pay the provisional pension till a fresh order is passed. Order Date :- 28.4.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad