Neutral Citation No. - 2025:AHC-LKO:11134 Court No. - 6 Case :- WRIT - A No. - 225 of 2025 Petitioner :- Mohd. Haleem Respondent :- State Of U.P. Thru. Secy. Social Welfare Deptt. Lko. And 3 Others Counsel for Petitioner :- Ram Kewal Tripathi Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Ram Kewal Tripathi, learned counsel for the petitioner and the Standing counsel for the respondents. 2. It has been submitted that the petitioner was initially appointed on the post of Clerk in the office of Social Welfare Officer, Siddharth Nagar. Subsequently, when he was working in the office of District Social Welfare, Gonda, he was suspended and departmental proceedings were initiated against him 1997. It is further stated that the petitioner was exonerated of all the charges and was superannuated from the services on 30.6.2016. 3. The grievance raised by the petitioner in the present writ petition is that after superannuation he is not being paid GPF, leave encashment, regular pension etc. He submits that on previous occasion the petitioner had filed writ petition before this Court bearing Writ Petition No.2875 (S/S) of 2017 for the same relief and this Court considering the fact that the proceedings were pending against him since 1997 and had not been concluded, disposed of the writ petition by passing following orders:- "The writ petition is disposed of with a direction to the respondents to consider and pay the dues admissible and payable to the petitioner such as G.P.F., leave encashment and provisional pension, irrespective of the pendency of the criminal and departmental proceedings in the light of what has been observed hereinabove. As far as final pension is concerned, there is no question of payment thereof at this stage considering the gravity of allegations against him regarding which criminal and departmental proceedings are pending even after considering the judgment of this court referred hereinabove. The petitioner shall appear before the concerned officer on 10th of April, 2017 for completing the formalities regarding the aforesaid. As soon as the formalities are completed, the matter shall be processed and appropriate decision, especially as regards the provisional pension and other amounts which cannot be withheld on account of pendency of the criminal/departmental proceedings, such as G.P.F., leave encashment and provisional pension, shall be taken as aforesaid and it shall be paid at the earliest. Let this exercise be done within three months from the date a certified copy of this order is submitted. The writ petition is disposed of in the above terms." 4. Despite the orders having been passed in favour of the petitioner directing the respondents to consider and pay the dues admissible and payable to the petitioner such as G.P.F., leave encashment and provisional pension irrespective of the pendency of the criminal and departmental proceedings, the grievance in the present writ petition is that the respondents have not paid aforesaid amount and accordingly for the same relief instant second writ petition has been filed. 5. Learned Standing counsel, on the basis of the instructions received from the office of Director, Social Welfare, U.P., Lucknow, has informed this Court that the petitioner is also an accused in Criminal Case No.847/2011, under Sections 409, 419, 420 IPC and 7/13 of Prevention of Corruption Act and, therefore, the amount of gratuity has not been paid to him but provisional pension has already been paid to him and final pension shall be paid on conclusion of the criminal proceedings. 6. Considering the written submissions received by learned Standing counsel and also the fact that on previous occasion orders have already been passed in favour of the petitioner, which is quoted herein-above, there is no reason to pass any fresh orders in the present petition. It was open for the petitioner to institute appropriate proceedings in case he was of the opinion that the order of the coordinate Bench of this Court dated 3.4.2017 passed in Writ Petition No.2875 (S/S) of 2017, has not been complied. 7. For the reasons aforesaid, this Court is not inclined to entertain the present writ petition and pass any direction as sought by the petitioner. 8. Subject to aforesaid observations, the petition is dismissed. (Alok Mathur, J.) Order Date :- 20.2.2025/RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench