Neutral Citation No. - 2025:AHC-LKO:22161 Court No. - 18 Case :- WRIT - A No. - 3787 of 2025 Petitioner :- Smt. Pratibha Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Labour Deptt. Lko. And Another Counsel for Petitioner :- Ashok Shukla,Amit Kumar Verma,Rakesh Bajpai Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. The petition has been filed with the following main prayer:- It is most respectfully prayed that this Hon'ble Court may graciously be pleased to issue an order, direction or writ in the nature of Mandamus commanding the Respondents to make the payment of all the retirement benefits namely Pension. Commutation, Gratuity, leave encashment, GIS etc. with interest thereon @ 18% per annum w.e.f. 31.01.2025, the date on which these were due till the date these are actually paid Learned counsel for the petitioner submits that the petitioner retired from service on 31.01.2025 upon attaining the age of superannuation. However, since the date of retirement, all retiral benefits including pension, gratuity, provident fund, and other dues have been withheld by the opposite parties. It is further submitted that the non-payment of pension to the petitioner is in violation of the U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995. Learned Standing Counsel, on the basis of written instructions, submits that pursuant to the State Government’s directions dated 05.11.2024, a departmental inquiry is under contemplation against the erring officer, which also includes the petitioner. Efforts are being made to obtain the Governor’s sanction under Rule 351A of the Civil Services Regulations (CSR). It is further submitted that the authorities are awaiting the decision of the State Government in this matter. Hence, the payment of pensionary benefits has been withheld. However, learned Standing Counsel could not show any provision or authority that permits the respondents to withhold the petitioner’s retiral dues, especially since no departmental inquiry under Rule 351A of the CSR was initiated against the petitioner as on the date of retirement. Perused the record. A perusal of the record reveals that the respondents’ action is arbitrary and contrary to the provisions of the U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995, which prescribe timelines for the disbursement of general provident fund, insurance, commutation, gratuity, and other retiral benefits. It is a settled legal position that after superannuation, a government servant is entitled to retiral benefits, which cannot be withheld without any due cause. The Full Bench at Allahabad in Shivagopal v. State of U.P., 2019 SCC OnLine All 2239 has held that retiral benefits cannot be withheld merely because approval from the Governor is pending, unless such withholding is backed by statutory authority or disciplinary proceedings with proven misconduct. In this case, no justification has been given by the opposite parties to withhold the retiral dues of the petitioner, rather it has been stated by the learned Standing Counsel that efforts are being made to obtain the Governor's sanction. Admittedly the sanction of the Governor has not been obtained yet to initiate departmental proceedings. The action of respondent State in withholding retiral dues of the petitioner is arbitrary, violative of fundamental rights of the petitioner enshrined under Article 14 and 21 to the Constitution of India so also is dehors the provision of U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995. Accordingly, the petition is allowed. The respondents are directed to release the petitioner’s retiral dues, including pension, commutation, gratuity, leave encashment, GIS, etc., within one month from the date of receipt of a certified copy of this order. In case of default, they shall be liable to pay interest at the rate of 6% per annum after the expiry of the one-month period. Instructions provided by the learned Standing Counsel are taken on record. Order Date :- 17.4.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench