Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:46796 Court No. - 4 Case :- WRIT - A No. - 19820 of 2024 Petitioner :- Manoj Kumar Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Kumar Srivastava,Hari Prakash Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following substantial relief:-
"i.) A writ, order or direction in the nature of mandamus to direct the respondent no. 3 to release the final pension and gratuity of the petitioner forthwith along with the interest."
3. Submission advanced by learned counsel for the petitioner is that in the criminal case, pursuant to which final pension, gratuity and other post retirement dues of the petitioner have been withheld, no charge-sheet has been submitted against the petitioner, inasmuch as, the provisions of Section 351 AA of Civil Service Regulation, is not attracted in the present case.
4. Learned Standing Counsel submits that for the relief claimed in the present petition, the petitioner has already made a representation before the Competent Authority on
26.07.2024. He further submits that he has no objection, in case, direction is issued for expeditious disposal of the said representation.
5. In the given facts and circumstances without entering into
the merits of the claim of the petitioner, this petition stands
disposed of with a direction to the Competent Authority concerned to look into the claim of the petitioner as has been raised in his representation dated 26.07.2024 and decide the same expeditiously preferably within a period of two months from the date of production of certified copy of this order.
6. It is further provided that if it is found that provision of Section 351 AA of Civil Service Regulation is not attracted in the present case and petitioner has not been charge-sheeted in the criminal case and also there is no other legal impediment then final order shall be passed in favour of the petitioner and his pension and other post retirement dues shall be paid within a further period of six weeks.
Order Date :- 3.4.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad