HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 10697 of 2022 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Alok Mishra, learned counsel for petitioner, Sri P.K. Shahi, learned Additional CSC for State and Sri D.K. Misra, learned counsel for respondents. 2. Petitioner was under suspension since 10.02.2006 and respondents have admittedly not proceeded with any disciplinary proceedings and in such circumstance, petitioner attained age of superannuation on 26.02.2011 and by an order dated 19.12.2014, decision was taken to pay him provisional pension. 3. It is also informed that since allegations were of embezzlement, therefore, an FIR was also lodged against petitioner. 4. Learned counsel for petitioner submits that after filing of charge sheet on 03.07.2010 in a criminal case, he has moved an application for discharge on 01.12.2017, however, its outcome is not on record. 5. Learned Additional CSC refers paragraphs 3 and 12 of counter affidavit, however, it does not disclose whether any inquiry was conducted by respondents or whether respondents have taken a decision to continue with provisional pension till criminal trial is concluded. 6. Considering aforesaid submissions and since petitioner cannot be left in limbo that on one hand, no decision is still taken to commence disciplinary proceedings and on other hand, there is no decision on record that provisional pension will be continued or not till conclusion of Versus Counsel for Petitioner(s) : Alok Mishra, Anuj Tripathi Counsel for Respondent(s) : , C.S.C., Dinesh Kumar Misra Badshah Swarnkar .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) criminal trial, therefore, Court takes note of a judgment of this Court in Shivgopal and others vs. State of U.P. and others, 2019(5) ADJ 441 (FB) and relevant part thereof is quoted below :- "(i) A government employee is not entitled to death cum retiral gratuity unless the conclusion of the departmental proceedings or the enquiry by the Administrative Tribunal or judicial proceedings which includes both civil and criminal." 7. In view of above, this writ petition is disposed of with an observation that respondents will communicate a decision to petitioner in view of Shivgopal and others (supra), subject to any other legal impediment. September 18, 2025 N. Sinha WRIA No. 10697 of 2022 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad