Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48255 Court No. - 4 Case :- WRIT - A No. - 4070 of 2025 Petitioner :- Om Prakash Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh,Bramh Narayan Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has prayed for following relief on the ground that he has been already acquitted in a criminal case vide detailed
judgment and order passed by Chief Judicial Magistrate on 16.12.2024:
"A. a writ, order or direction in the nature of mandamus, commanding the respondents to pay regular pension to the petitioner with all post retiral dues alongwith penal interest admissible in law."
3. It is submitted by Sri Bramh Narayan Singh,
learned counsel for the petitioner that even if the criminal case has been preferred or it is not preferred till date against the judgment of acquittal, the post retirement dues cannot be witheld. Petitioner has been denied post retirement dues ever since he had attained age of superannuation since 2005. He has also brought letters of the Commandant, 20th Battalion, Provincial Armed Force, Azamgarh written to Senior Superintendent of Police, Moradabad, District Moradabad on record, asking for information as to whether any criminal case appeal is pending or not.
4. Learned Standing Counsel does not have any objection in the event the petitioner is permitted to raise his claim before respondent no.3 by making a representation.
5. In view of the above, this petition stands
disposed of with direction to the petitioner to make a representation regarding his claim before respondent no.3 within a period of four weeks alongwith certified copy of this order the same shall be looked into and considered and also disposed of as expeditiously as possible preferably within a further period of one month.
6. It is made clear that merely for pendency of criminal appeal in this Court directs for production of petitioner as potential offender, post retirement dues cannot be witheld.
Order Date :- 5.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad