Neutral Citation No. - 2025:AHC-LKO:8798-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 65 of 2025 Appellant :- Dr. Deep Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt .Of Irrigation Lko Counsel for Appellant :- Dipak Seth,Manav Rathore,Ratnesh Chandra Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Heard Sri Ratnesh Chandra, learned counsel for the appellant and Shri Indrajeet Shukla, learned Additional Chief Standing Counsel for the State. By means of the present intra-court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 the appellant-petitioner has challenged the validity of the impugned judgment and order dated 06.01.2025 passed by the leaned Single Judge in Writ-A No.7677 of 2018, whereby the writ petition filed by the appellant-petitioner was partly allowed with a direction to the respondents to pay a sum of Rs.5,000/- as there was a slight delay in making payment of pension and gratuity to the appellant-petitioner. Admittedly, when the disciplinary proceedings were initiated against the appellant-petitioner, he filed Writ Petition No.1236 (S/B) of 2006 wherein vide order dated 08.12.2006, this Court while staying the proceedings in furtherance of charge sheet directed the authorities for opening the recommendation of D.P.C. which was kept in a sealed cover insofar as it related to charged officer- petitioner/appellant. The recommendations for promotion were acted upon. In the meantime, the appellant-petitioner retired on 30.06.2007 while discharging his duties as Engineer-in-Chief. However, when the writ petition was finally disposed of on 23.04.2014 with a direction to the authorities concerned to conclude the inquiry proceedings, the pending departmental proceedings were concluded with the passing of the order on 21.09.2015 exonerating the appellant-petitioner from all the charges levelled against him. Thereafter, the pensionary benefits to which the appellant-petitioner was entitled were also released on 19.09.2016. The appellant-petitioner since the date of release of the pensionary dues inclusive of the gratuity on 19.09.2016 having accepted the same did not choose to initiate any proceedings claiming interest admissible thereon upto the year 2018. It is in the year 2018 that Writ-A No.7677 of 2018 was instituted claiming the relief of interest @ 24% compound interest on the delayed payments. Learned Single Judge while appreciating the case put forth has clearly held that on account of pendency of disciplinary proceedings, the provisioinal pension was released throughout as per Rules. However, on conclusion of the disciplinary proceedings, dues have been released by the departmental authorities including the gratuity and the same were duly accepted without any protest. Having carefully gone through the judgment impugned herein this writ petition, we are not persuaded to take a different view contrary to what has been expressed by the writ court. Once the appellant-petitioner is left at liberty to claim the benefit of interest upon delayed payment of gratuity, the same may be availed of and the rejection of the interest claimed. For the reasons recorded in the impugned order and what has been observed above, no case for interference is made out. Hence the Special Appeal to that extent is hereby dismissed. . [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 11.2.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench