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2025 DAILYLAW 109156 (ALL)

SATISH CHANDRA @ SATISH GUPTA v. State of U.P. AND 3 OTHERS

WRIA/19291/2024 · 2025-03-18

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40352 Court No. - 4 Case :- WRIT - A No. - 19291 of 2024 Petitioner :- Satish Chandra @ Satish Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Tiwari,Manoj Nigam Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Instruction placed today is taken on record. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 8th April, 2024, whereby his entire post retirement dues have come to be withheld only on the ground that Government has preferred a government appeal against the order of acquittal. Upon a pointed query being made as to what provisions of law are available with the respondent that permit him to hold post retirement dues even in case an employee has acquitted in the criminal case, learned Standing Counsel could not cite any such provisions of law. He only pleaded that since government appeal has been preferred petitioner has become punishable. In the considered view of the Court, unless and until there is a specific provision authorizing Government to withhold the post retirement dues of a retired employee, such dues cannot be withheld under any circumstances. These are available to the retired employee as a matter of right for the services that he has rendered in his ailed age with the respondent establishment. In such above view of the matter, therefore, the order dated 8th April, 2024 is hereby quashed. Respondents are directed to release all the post retirement dues of the petitioner within a maximum period of two months from the date of production of certified copy of this order. Order Date :- 19.3.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad