Neutral Citation No. - 2025:AHC:30176 Court No. - 10 Case :- WRIT - A No. - 25326 of 2011 Petitioner :- Munney Shah @ Master Munney Khan And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- Mohan Dharia,V.P. Singh Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition is pending since 2011. 2. Prayer of the original petitioner was to pay subsistence allowance from 29.7.2003 to 2.2.2011. 3 This writ petition was repeatedly adjourned on many occasions. 4. From the order sheet, it appears that learned counsel for the petitioner is not responding. Sri Saurabh, learned Standing Counsel is present. 5. This Court vide order dated 17.4.2023 has allowed the substitution application since the original petitioner no.1 has expired. 6. The avements made in the writ petition indicate that earlier original petitioner was appointed as Assistant Teacher. However, later on, he was involved in a criminal case and was put behind bars on 29.8.2003 and accordingly he was placed under suspension vide order dated 30.1.2004. 7. Facts of the case further disclose that original petitioner was convicted vide order dated 4.6.2005 with life imprisonment for an offence of murder and thereafter he remained inside the jail. Later on, vide order dated 7.3.2011, his services were terminated. 8. Facts of the case further disclose that order of conviction was challenged by the original petitioner by way of filing a Criminal Appeal No.2646 of 2005, however, the application for suspension of sentence was rejected and he was in jail when this writ petition was filed in the year 2011. 9. Averments further disclose that this writ petition was filed on a ground that original petitioner and his family was in debt. Even his house was mortgaged and his son was mentally disturbed and he seeks provisional pension. 10. It has also been disclosed that aforesaid Criminal Appeal filed by the original petitioner was dismissed being abated vide order dated 29.5.2023 and by way of an amendment, termination order was also challenged in the present writ petition. 11. As referred above, original petitioner was convicted for a serious offence under Section 302 I.P.C. and was sentenced for Life Imprisonment. Even during pendency of Criminal Appeal, he was not granted suspension of sentence and it appears that he died inside the jail, therefore, aforesaid Criminal Appeal was dismissed being abated. 12. It is well settled that a person involved in a serious offence is not entitled to continue in service, therefore, terminaton order dated 7.3.2011, does not require any interference. 13. Court cannot grant arrears of subsistence allowance since admittedly the petitioner was inside the jail, therefore, condition to claim subsistence allowance to put his presence in the College was not fulfilled. Accordingly, prayers made in this writ petition are rejected. Even the Court considers that only on a ground that due to conviction of original petitioner no.1, his family requires assistance would not be a ground to grant provisional pension. 14. This writ petition is dismissed with an observation that there is no reason to interfere with the impugned order of termination. 15. Copy of this order be sent to the surviving petitioners. 16. Registrar (Compliance) to take steps. Order Date :- 4.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad