HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 3073 of 2012 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. The present writ petition is filed for the following relief:- "(i) a writ, order or direction in the nature of certiorari quashing the order dated 31.10.2011 (Annexure No.12 to the writ petition) passed by Respondent No.4 so far it withholds Rs.1,89,327/- from the Gratuity of the petitioner. (ii) a writ, order or direction of suitable nature commanding the respondents to release entire Gratuity of the petitioner withheld by them alongwith interest till date. (iii) a writ, order or direction of suitable nature commanding the respondents to disburse the arrears accrued in terms of interest from the pension of the petitioner withheld by them from the month of September 2010 till October 2011. (iv) a writ, order or direction of suitable nature commanding the respondents to disburse Rs.49,107/- as sanctioned by order dated 10.08.2009 with interest." 2. Considering the submissions this Court has passed order on 17.01.2012, based on the above directions, instead of releasing entire salaries dues amounting to Rs.7,83,864/- the respondents have paid only Rs.4,32,820/- and withhold the amount of Rs.3,51,044/-. 3. In the counter affidavit the respondent have taken an objection that based on the Government Order the respondents have rightly withhold the said amounts. 4. Contrary to the said averments, learned counsel for the petitioner has filed supplementary affidavit wherein he has disputed certain facts and as the Government Order is not applicable to the petitioner and petitioner is ready to forego the equivalent amount of fair rent for the period which he has Versus Counsel for Petitioner(s) : Ashok Khare, Siddharth Khare Counsel for Respondent(s) : A.K.Srivastava C.D. Ram .....Petitioner(s) State of U.P. and Others .....Respondent(s) stayed and so far as electricity bills are concerned, though he has mentioned that they have cleared entire electricity bill till their stay. 5. Considering the said submissions and on perusal of the supplementary affidavit as well as the counter affidavit filed by the respondents the entire issue involves a round of factual issues and the fact remains that petitioner has already died and his legal heir his wife is already substituted in the petition. 6. Considering the same, instead of going into the merits of the case, the present writ petition is disposed of, with a direction to the petitioner to submit all relevant documents and file fresh representation/ claim petition before the respondent no.3 within a period of one month from today and on the receipt of the said representation/ claim petition, the respondent no.3 is directed to consider the same and pass appropriate orders within a period of one month, thereafter. 7. In view of the present circumstances and in view of the demise of the employee-petitioner the respondents may take sympathetic view and consider all factual aspects by releasing the withhold amount within the same period. September 22, 2025 AdityaG WRIA No. 3073 of 2012 2 (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad