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2025 DAILYLAW 23654 (ALL)

DR BHUPENDRA KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIA/2692/2025 · 2025-03-17

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38963 Court No. - 4 Case :- WRIT - A No. - 2692 of 2025 Petitioner :- Dr Bhupendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus commanding the respondent No. 2 to pay the pending gratuity amount of Rs. 13, 61, 935/-. 3. It is argued on behalf of petitioner that the gratuity amount cannot be withheld except as per the provisions prescribed in law. In this connection he has placed before the Court a Government Order dated 28.07.1989 that provides for the manner in which the gratuity amount is to be disbursed and restrains the department from withholding gratuity amount. 4. Learned Standing Counsel submits that the Government Order is in respect of disbursement of gratuity and not in those cases that are covered under Regulation 351-A read with Regulation 351- AA. It is contended that the Governor has already granted sanction to initiate disciplinary proceedings against the petitioner pursuant to which proceedings are drawn and unless and until the proceedings attained finality, the State Government reserves its right to withhold gratuity during pendency of such enquiry. 5. Learned counsel for petitioner could not dispute the provisions as contained under Regulation 351-A read with Regulation 351- AA. 6. In such above view of the matter, at this stage I dispose of this petition with a direction to respondent/ State Government to ensure that the departmental enquiry initiated against the petitioner pursuant to the order/ approval of Governor is concluded within a period of two months from the date of production of certified copy of this order. Petitioner is also directed to cooperate with the departmental enquiry being conducted against him. 7. With the aforesaid observations and directions the writ petition stands disposed of, at this stage. Order Date :- 18.3.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad