Neutral Citation No. - 2025:AHC-LKO:43732 Court No. - 5 Case :- WRIT - A No. - 8145 of 2025 Petitioner :- Sanjeev Kumar Gangwar Respondent :- State Of U.P. Thru. Prin. Secy. Agricultural Marketing And Agricultural Foreign Trade And 6 Others Counsel for Petitioner :- Deepak Singh,Akhand Pratap Singh Counsel for Respondent :- C.S.C.,Surendra Kumar Singh Hon'ble Abdul Moin,J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Aditya Mohan, Advocate, who files Vakalatnama on behalf of respondents no.2 to 7. 3. With the consent of learned counsels for the parties, the writ petition is being decided finally. 4. Although the petitioner has raised a challenge to the order dated 20.03.2025, the supplementary charge sheet dated 30.03.2025 and the inquiry report dated 11.03.2025 yet after arguing the matter at some length learned counsel for the petitioner confines his prayer to release of retiral dues of the petitioner in accordance with law. 5. The contention of learned counsel for the petitioner is that the petitioner had retired on attaining the age of superannuation on 31.03.2025. Even prior to it, a charge sheet had been issued to the petitioner and disciplinary proceedings are continuing. 6. The contention is that even though no pension is payable to the employees yet there cannot be any occasion for the respondents to withhold the gratuity, leave encashment, contributory provident fund etc. which are payable to the petitioner. 7. On the other hand, Sri Aditya Mohan, learned counsel for the respondents, states that keeping in view the Full Bench judgment of this Court in the case of Shivgopal vs. State of U.P. and others dated 08.05.2019 the gratuity is not payable to the petitioner till culmination of the disciplinary proceedings yet there cannot be any occasion for withholding of the leave encashment and the contributory fund. He fairly states that the dues as are payable to the petitioner with the exception of gratuity would be released in accordance with law within a period of six weeks from the date of receipt of certified copy of this order, provided there is no legal impediment. 8. The aforesaid statement of Sri Aditya Mohan, learned counsel for the respondents, is recorded and the writ petition is disposed of. Order Date :- 29.7.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench