HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13675 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Krishna Pratap Singh, Advocate holding brief of Sri B.N. Singh, learned counsel for petitioner and Sri P.K. Mishra, learned counsel for respondents. 2. On the basis of record, it is clear that petitioner has suffered with 3 criminal cases. In 2 criminal cases, final report was submitted, however, it is not on record whether it was accepted or not. 3. So far as 3rd criminal case is concerned, it was of the year 2017 where a charge sheet was submitted, however, present status of it is not on record. 4. In view of above, it appears that impugned order whereby 10% of gratuity amount was withhold was probably passed in terms of Section 4(6) of Payment of Gratuity Act, 1972 or on basis of any Circular in force. 5. In aforesaid circumstances, this writ petition is disposed of with an observation that in case petitioner is able to show that aforesaid legal impediment is not in existence as well as that in view of judgment of Division Bench of this Court in Arun Kumar Singh vs. State of U.P. and others, Writ A No. 10536/2021 as well as taking note of judgment of this Court in Devendra Kumar Sharma vs. State of U.P. and others, Writ A No. 15093/2020, this matter can be re- looked whether charges are of serious nature or not and that the respondents may take a fresh decision so far as withholding of 10% gratuity is concerned. Versus Counsel for Petitioner(s) : Archana Singh, Bramh Narayan Singh Counsel for Respondent(s) : C.S.C. Shiv Nath .....Petitioner(s) The State Of Up And 2 Others .....Respondent(s) 6. It is also observed that in case petitioner files a detailed representation annexing all relevant documents and judgments cited above within a period of 4 weeks from today, the respondents will decide the same within 3 weeks thereafter. (Saurabh Shyam Shamshery,J.) September 12, 2025 N. Sinha WRIA No. 13675 of 2025 2 Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad