HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14906 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri R.K. Mishra, learned counsel for the petitioner and Sri R.K. Srivastava, learned Additional Chief Standing Counsel, who appears for State-respondents. 2. The case of the writ petitioner is that the writ petitioner superannuated as a Senior Assistant on 31.12.2011. The grievance of the writ petitioner is that merely on the basis of a pendency of a criminal case emanating from first information report dated 28.12.2000 in case crime no. of 563 of 2000, under Section 408 IPC in which final report came to be submitted, post filing of a protest petition, further investigation has been ordered but the post retiral benefits of the writ petitioner have been detained. 3. Prayer in the present petition is for a direction to the respondents to accord pensionery benefits. 4. Learned Additional Chief Standing Counsel submits that the claim of the writ petitioner needs adjudication at the first instance by the second respondent, Secretary Madhyamik Shiksha Parishad, U.P., Prayagraj who shall examine the matter regarding the entitlement of the writ petitioner as per the Government orders and Rules in question. 5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. 6. Considering the submissions of the rival parties as well as bearing in mind the fact that no final orders have been passed either in affirmative or negative, the writ petitioner may represent this cause before the second Versus Counsel for Petitioner(s) : R.K. Mishra Counsel for Respondent(s) : C.S.C. Rudra Prasad Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) respondent who shall thereafter proceed to examine the issue in the light of the Government orders, in particular the entitlement of the writ petitioner in the wake of the pendency of the criminal proceedings and also passed speaking orders within a period of two months from the date of presentation of the certified copy of the order. 7. With the aforesaid observation, the writ petition is disposed off. October 29, 2025 A. Prajapati WRIA No. 14906 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad