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Neutral Citation No. - 2025:AHC:80310 Court No. - 7 Case :- WRIT - A No. - 5424 of 2025 Petitioner :- Dinesh Kumar Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Yadav,Yogesh Kumar Saxena Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The writ petition is filed with the following prayer:
"A. Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay pension from the date of retirement i.e. 30.06.2017. B. Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay all post retirement benefits forthwith. C. Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay 10% interest on unduly withholding money of the petitioner from the date of his retirement."
3. It is submitted by learned counsel for petitioner that petitioner was Class III employee and has retied on 30.6.2017, however, retiral dues of petitioner has not been paid on account of fact that petitioner was placed under suspension by order dated 8.10.2016. However, neither any disciplinary proceedings are initiated nor any charge sheet has been issued to petitioner.
4. Learned Standing Counsel, on instructions, submits that petitioner was found to have embezzled the funds of Rs.5,48,444/- and the petitioner has given an affidavit for adjustment of aforesaid amount.
5. Be that as it may, the writ petition is disposed of with a direction that respondent no.3-District Inspector of Schools, Etawah shall consider and decide the claim of petitioner with regard to retiral dues along with interest within a period of four weeks from the date of production of a certified copy of the order, after giving an opportunity of hearing to the petitioner.
6. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law. Order Date :- 15.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad