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Allahabad High Court

DR JAG PRASAD CHATURVEDIversusState of UP AND 2 OTHERS

Decided

Holding

The petition was disposed, with the court directing the authorities to communicate the status of the pension payment order if no legal impediment exists.

Summary

The petitioner, Dr. Jag Prasad Chaturvedi, filed a writ petition alleging that he was not receiving his current pension despite an interim order dated 06.02.2024 directing payment. The petitioner claimed the delay was due to the absence of a Pension Payment Order. The respondents, the State and two others, indicated that the pension payment order could not be generated because a criminal case is pending against the petitioner. The court directed the Deputy Director of Education to communicate the status within a week if no legal impediment existed and granted the standing counsel two weeks to seek further instructions. The matter was listed for a later date and the petition was ultimately disposed.

Issues considered

  • Whether the petitioner is entitled to receive his pension in the absence of a Pension Payment Order.
  • Whether the pending criminal case against the petitioner legally bars the issuance of a pension payment order.

Subjects

  • pension
  • writ petition
  • interim order
  • criminal case
  • payment order
  • High Court

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - A No. - 1516 of 2024

                                    Dr Jag Prasad Chaturvedi
                                                                                                       .....Petitioner(s)
                                                                          Versus

                                    State Of Up And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)          : V.R. Tiwari
                                    Counsel for Respondent(s)          : C.S.C., Nitinjay Pandey, Vijay Singh
                                                                         Sengar

                                    Court No. - 32
                                                    HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. This Court the following order on 20th April, 2026:

                                           "1. Learned counsel for the petitioner submits that the present
                                           petitioner is not being paid current pension, in pursuance of the
                                           interim order dated 06.02.2024 passed by this court, for want of
                                           Pension Payment Order number.
                                           2. Learned Standing Counsel prays for and is granted two weeks'
                                           time to seek instructions from the authorities concerned.
                                           3. List this matter on 05.05.2026."

                                    2. According to Mr. Dinesh Kumar Singh, learned A.C.S.C., the
                                    pension payment order is not generated since there is a criminal case
                                    pending against petitioner.

                                    3. If it is so, the same be communicated by the Deputy Director of
                                    Education to the petitioner by way of an order within a week, if there
                                    is no legal impediment.

                                    4. This writ petition is accordingly disposed of.



                                                                                   (Saurabh Shyam Shamshery,J.)
                                    May 5, 2026
                                    Kumar Manish




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad


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