VISHRAM v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION LKO. AND 2 OTHERS
/8969/2025 · 2025-08-13
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157036 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157036 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47195 Court No. - 4 Case :- WRIT - A No. - 8969 of 2025 Petitioner :- Vishram Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. And 2 Others Counsel for Petitioner :- Sanjay Kumar Pandey,Akhand Pratap Pandey,Awadhesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned counsel for the respondent No.1 and Shri Abhai Kumar holding brief of Shri Prashant Kumar Singh, learned counsel appearing for respondents No.2 & 3. With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of. Contention of the learned counsel for the petitioner is the despite the petitioner having retired on 31.12.2019 while working as Head Master, his retiral dues have not been paid. Contention is that at the time of the retirement there was a criminal case pending against the petitioner in which now the petitioner has been acquitted vide the judgment and order dated 18.11.2022 passed in S.S.T. POCSO No.7 of 2017 In Re State vs Deepak Kumar & Anr, a copy of the said judgment is Annexure-3 to the petition. Contention is that once the only impediment for release of post retiral dues (although the petitioner is being paid provisional pension) was the criminal case in which the petitioner has been acquitted, there is no occasion for the respondents to now sit over the retiral dues of the petitioner.
Learned counsel for the petitioner submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent no.2 which may be
directed to be decided within a fixed time frame to which learned Standing Counsel has no objection. In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before the respondent no.2 then the respondent no.2 shall endevour to decide the same by means of a reasoned and speaking order within a further period of six weeks from the date of receipt of a certified copy of this order along with representation. With the aforesaid direction, writ petition is disposed of.
It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.
Order Date :- 13.8.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench