HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13710 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Gaurav Bishan, learned counsel for petitioner and Ms. Archana Tyagi, learned A.C.S.C. for State. 2. The petitioner has mentioned his date of birth as 06.02.1960 as such he retired on 29.02.2022, however, after his retirement, on inquiry, it was found that petitioner's actual date of birth is 06.02.1958 and as such he has served two years more in the service. Since petitioner was not granted his retiral benefits, therefore, he has approached this court by way of filing writ petiton bearing No.8484 of 2023, which was disposed of by an order dated 30.05.2023 that grievance of petitioner be considered in accordance with law. 3. In the aforesaid circumstances, impugned order dated 11.08.2023 was passed mainly on basis of legal advise dated 29.09.2021 that till the State gives specific directions, his retiral benefits may not be granted. 4. Learned counsel for petitioner submits that the aforesaid order was passed on 11.08.2023, however, even after two years, no adverse order has been passed and in the garb of said order, his retiral benefits cannot be granted. He further submits that after retirement, there would be a legal impediment to initiate the departmental inquiry. By impugned guidelines was sought from State Government. 5. Ms. Archana Tyagi, learned A.C.S.C. for State submits that she has limited instruction at this stage and further fairly submits that in case, there is no specific order or direction from the State, the claim of petitioner cannot be kept in abeyance for an unlimited period. Versus Counsel for Petitioner(s) : Atul Kumar, Gaurav Bishan Counsel for Respondent(s) : C.S.C. Vijay Singh .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s) 6. In the aforesaid circumstances, this writ petition is disposed of with an observation that in case, no adverse order is passed against petitioner in accordance with law within period of four weeks from today, the retiral benefits of petitioner shall be settled in accordance with law. 7. The State can also take note of criminal case filed against petitioner while deciding his grievance. 8. At this stage, the Court is not entered into the merit of the case so far as whether petitioner has committed any fraud or not. September 12, 2025 P. Pandey WRIA No. 13710 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad