Neutral Citation No. - 2025:AHC-LKO:433 Court No. - 6 Case :- WRIT - A No. - 29245 of 2021 Petitioner :- Dr. Asha Shankar Verma Respondent :- State Of U.P. Thru Addl.Chief Secy.Medical/Health And Ors. Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Akshat Kumar, learned counsel for the petitioner as well as learned Standing Counsel on behalf of respondents. 2. It has been submitted by counsel for the petitioner that the petitioner, who was working on the post of General Surgeon at Rana Beni Madhav Singh District Hospital, Raebareli retired from service on 31.07.2021. At the time of his retirement, a disciplinary inquiry was initiated against the petitioner which was underway and accordingly, the present writ petition was filed challenging the order dated 04.02.2016 by which a disciplinary proceedings were initiated against the petitioner and also the charge sheet dated 05.09.2016 and also the benefit of 2nd and 3rd ACP and finally sought a direction that the respondents be directed to pay the post retiral dues of the petitioner. 3. During the pendency of the petition, it has been submitted that the disciplinary inquiry has concluded on 16.06.2023 by award of a punishment of deduction of 5% of the pension for next five years as a measure of punishment. 4. At this stage, the counsel for the petitioner submits that he does not want to press his relief pertaining to the challenge to the disciplinary proceedings initiated against him in light of the fact that the punishment order has already been passed and he would be at liberty to assail the said order in appropriate proceedings but only confined his prayer for a direction to the respondents to pay the post retiral dues and pension to the petitioner as admissible. 5. Learned Standing Counsel has opposed the writ petition and has submitted that a counter affidavit has been filed where it has been stated that the post retiral dues of the petitioner could not be paid in light of the pending disciplinary proceedings against him. 6. Considering the fact that the counter affidavit was filed prior to conclusion of the disciplinary proceedings, the subsequent punishment order does not find mention in the reply submitted by the respondents. 7. Be that as it may, it is noticed that once the disciplinary proceedings have been concluded, then there is no embargo on the respondents to pay post retiral dues and pension to the petitioner which is admissible in accordance with law. The respondents would be justified in deducting the amount as stated in the punishment order dated 16.06.2023 till such time the said order continues to be in existence. 8. Accordingly, counsel for the petitioner in the aforesaid circumstances submits that the grievance of the petitioners shall be substantially redressed, in case, liberty is granted to the petitioner to submit afresh representation to opposite party no.1 with a prayer for grant of his post retiral dues and pension considering the fact that the disciplinary proceedings against the petitioner have already concluded on 16.06.2023. 9. Learned Standing Counsel does not opposed the innocuous prayer made by the petitioner. 10. Accordingly, the petition is disposed of with the following directions. Liberty is granted to the petitioner to move a fresh representation for grant of post retiral dues and pension within a period of next two weeks before opposite party no.1, who on receipt of the said representation shall pass a reasoned and speaking order in accordance with law especially taking into account the fact that the disciplinary proceedings against the petitioner have already concluded on 16.06.2023 and proceed to pass an appropriate order for release of his post retiral dues and pension. Let the said exercise be conducted expeditiously no latter than eight weeks from receipt of the representation of the petitioner along with a certified copy this order. In case, the respondents find that the petitioner is entitled to be dues claimed then the same shall be released forthwith no latter than four weeks from the date an order in this regard is passed by the opposite party no.1. 11. In light of the above, the writ petition stands disposed of. [Alok Mathur,J.] Order Date :- 3.1.2025 / KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench