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2025 DAILYLAW 97643 (ALL)

TARA CHANDRA SHARMA v. STATE OF U.P. AND 2 OTHERS

WRIA/14034/2025 · 2025-09-16

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14034 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard learned counsel for the parties and perused the records. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to the respondent to release the gratuity amount to the petitioner which has remained withheld ever since he attained the age of superannuation in the year 2023 only on account of pending criminal case. 3. It is contended that petitioner has finally stood acquitted in the criminal case vide a detailed judgment passed by the Chief Judicial Magistrate, Jhansi on 1st November, 2023 in Criminal Case No.- 6472 of 2014 arising out of Case Crime No.- 669 of 2013 under Section 354 (a) of the erstwhile Indian Panel Code, against which appeal preferred by the State also came to be dismissed on 8th August, 2024. 4. Learned Standing Counsel submits that he has no objection in the event petitioner is directed to make a fresh representation to the respondent No.- 2 in the light of the judgment placed before the Court for the release of withheld gratuity amount. 5. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh representation annexing therewith certified copy of this order and also a copy of the order passed by the Chief Judicial Magistrate, Jhansi as well as the appellate court referred to herein above, within a period of four weeks from today and in the event such representation is made, the respondent No.- 3 shall consider and dispose of the same by taking a decision regarding release of the gratuity amount of the petitioner within a further period of one month. 6. It is made clear that if there is no legal impediment, the gratuity amount of the petitioner shall be released within a maximum period of 15 days of the decision taken by the authority, failing which petitioner shall be entitled to additional interest of 12% over and above the withheld amount Versus Counsel for Petitioner(s) : Kripa Kant Pandey, Yogendra Mishra Counsel for Respondent(s) : C.S.C. Tara Chandra Sharma .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) from the date of expiry of the period as prescribed herein above till the actual payment is made. September 17, 2025 Atmesh WRIA No. 14034 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad