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Allahabad High Court

PARDESHI RAMversusTHE STATE OF U.P. AND 7 OTHERS

Decided

Holding

The Court ordered the respondent authority to consider and decide the petitioner’s pending representation in accordance with the Devendra Kumar Sharma judgment, without adjudicating the merits of the claim.

Summary

Petitioner Pardeshi Ram, a retired employee, filed a writ petition seeking payment of his gratuity, commutation of pension and full regular pension from 1 July 2017, alleging that these dues were withheld because a criminal case against him was pending. He had only received interim pension and had submitted a representation to the respondent authority (No. 5) which remained pending. The petitioner relied on the precedent set in Devendra Kumar Sharma v. State of U.P. (2021 (12) ADJ 590) regarding the release of pension benefits despite pending criminal proceedings. The High Court, without expressing any view on the merits, directed the respondent to consider the pending representation in light of the cited judgment and to decide it within twelve weeks, after giving a hearing, provided no other legal impediment exists. Consequently, the petition was disposed with the said direction.

Issues considered

  • Whether post‑retirement dues such as gratuity, commutation of pension and full pension can be lawfully withheld due to the pendency of a criminal case against the retiree
  • Whether the precedent in Devendra Kumar Sharma v. State of U.P. (2021 (12) ADJ 590) is applicable to the petitioner’s claim

Subjects

  • pension
  • gratuity
  • commutation of pension
  • post‑retirement dues
  • pendency of criminal case
  • mandamus
  • representation
  • Allahabad High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 13980 of 2026

Pardeshi Ram
                                                                   .....Petitioner(s)
                                      Versus

The State Of U.P. And 7 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)          : Arya Gautam, Atipriya Gautam, Sr.
                                     Advocate, Vaishnavi Srivastava
Counsel for Respondent(s)          : C.S.C.

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.
                                                                                            WRIA No. 13980 of 2026
                                                                    2


                                    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.



                                                                                     (Manish Kumar Nigam,J.)
                                    September 8, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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