Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13980 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record. 2. This petition has been filed for the following relief:
"a) Issue, a writ, order or direction in the nature of Mandamus, directing the Respondent Authorities, to Pay the Gratuity Amount, Commutation of Pension, and Full Regular Pension, w.e.f. 01/07/2017 to the Petitioner along with interest. b) Issue, a writ, order or direction in the nature of Mandamus, directing the Respondent Authorities, to consider the claim of the Petitioner with regard to granting the Gratuity Amount, Commutation of Pension, and Full Regular Pension, w.e.f. 01/07/2017 to the Petitioner along with interest."
3. Contention of the learned counsel for the petitioner is that because of pendency of a criminal case, post retiral dues of the petitioner are not being released. The petitioner has only been paid the interim pension and other dues are being withheld. It has been further contended that the petitioner has moved a representation which is pending with respondent no. 5. It has been also submitted that in case of Devendra Kumar Sharma v. State of U.P. and others; 2021 (12) ADJ 590, this Court as laid down the law regarding release of pension in case of pendency of criminal proceedings or any other proceeding. Versus Counsel for Petitioner(s) : Arya Gautam, Atipriya Gautam, Sr. Advocate, Vaishnavi Srivastava Counsel for Respondent(s) : C.S.C. Pardeshi Ram .....Petitioner(s) The State Of U.P. And 7 Others .....Respondent(s)
4. Learned Standing Counsel submitted that since the petitioner has already represented, it would be more appropriate that representation of the petitioner may be considered and decided in light of the judgment passed in case of Devendra Kumar Sharma (supra). 5.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 5 to consider and decide the aforementioned representation of the petitioner in light of the judgment passed in case of Devendra Kumar Sharma (supra), in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. September 8, 2026 Ved Prakash WRIA No. 13980 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad