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2025 DAILYLAW 26408 (ALL)

DR. SURYA KANT TRIPATHI v. STATE OF U.P. AND 3 OTHERS

WRIA/2950/2025 · 2025-03-06

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33442 Court No. - 10 Case :- WRIT - A No. - 2950 of 2025 Petitioner :- Dr. Surya Kant Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lavlesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Lavlesh Shukla, learned counsel for petitioner and Ms. Tanu Roopanwal, learned Standing Counsel for State- Respondents. 2. Petitioner has suffered a departmental inquiry when he was in service. However, during pendency of inquiry petitioner attained age of superannuation and retired on 31.03.2024 but till date neither inquiry was completed nor provisional or regular pension of petitioner is paid, therefore, he has approached this Court. 3. Learned counsel for petitioner refers an order passed by this Court on petitioner’s earlier writ petition, which was disposed of vide order dated 13.08.2024 with observation to conclude inquiry within a period of three months, however, according to petitioner inquiry is not completed till date. 4. Learned Standing Counsel appearing for State-Respondents submits that she has not received any specific instruction so far as status of inquiry is concerned, however, ensured that she will inform the concerned respondent to conclude inquiry, as directed by this Court, within a short period. 5. In aforesaid circumstances, it appears that concerned respondent on one hand has not followed the direction passed by this Court in earlier round of litigation and on other hand legally permissible claim of petitioner, i.e., provisional or regular pension, is not paid. 6. Therefore, this writ petition is disposed of with observation that in case inquiry is not completed within a period of one month from today, claim of petitioner for provisional or regular pension will be considered and a reasonable decision will be taken within a short period, which will remain subject to outcome of inquiry. 7. In case petitioner is constrained to approach this Court again for similar relief, Court may take a strict view against concerned respondent. 8. A copy of this order be sent to Respondents-1 and 2 for compliance. 9. Registrar (Compliance) to take steps. Order Date :- 7.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad