BALRAM RETIRED SI MversusSTATE OF U.P. AND 4 OTHERS

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - A No. - 67072 of 2015

Balram Retired Si M
                                                      .....Petitioner(s)
                                  Versus

State Of U.P. And 4 Others
                                                     .....Respondent(s)

Counsel for Petitioner(s)           : Mohammad Fahad, Vijay
                                      Gautam,              Vijay
                                      Gautam(Senior Adv.), Vimal
                                      Kumar    Pandey,     Vinod
                                      Kumar Singh
Counsel for Respondent(s)           : C.S.C.

Court No. - 34
(Sl.No. 23)
            HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Sita Ram Yadav, holding brief of Sri Vinod
Kumar Singh, learned counsel for the petitioner and learned
Standing Counsel for the State.

2. The instant petition was filed with the following prayer:-

     '''a) Issue, a writ, order or direction, in the nature of
     Mandamus, directing the Respondent Authorities, to pay the
     Gratuity amount other post- retiral benefits and full pension
     to the petitioner along with interest, and to pay regular
     pension to the petitioner,
     b) Issue, a writ, order or direction, in the nature of
     Mandamus, directing the Respondent Authorities, to pay the
     arrears, difference of the regular pension to the petitioner
     since 1/7/2013, along with interest.''

3. Briefly stated facts of the case is that the petitioner was
working as Sub Inspector in U.P. Police Department and has
retired on 30.6.2013 though the provisional pension was paid
to the petitioner, however, the payment of gratuity amount,
post retiral benefits and full pension has not been paid to the
petitioner due to the pendency of the criminal case Crime No.
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431 of 1996 under Section IPC P.S. Kotwali, District
Hameerpur against the petitioner, herein.

4. Submission of the learned counsel for the petitioner is that
in the instant case, initially the investigation was carried out
and the Final Report No. 65 of 1996 was submitted.
Thereafter, the order for further investigation was passed and
the matter was pending for further investigation. During the
pendency of the further investigation of the matter, the entire
record of the case was lost. Thereafter, for the said offence,
fresh case Crime No. Nill of 2016 dated 28.1.2016 was
registered in which the aforesaid facts were noticed in the
FIR itself. Later on, on 29.12.2017, the final report was
submitted which was taken on record by Chief Judicial
Magistrate, Hamirpur on 22.3.2018 and later on vide order
dated 14.5.2022, the matter was referred to the Lok Adalat in
which informant has also appeared before the Chief Judicial
Magistrate, Hamirpur the said final report was accepted on
14.5.2022 and the case has been closed.

5. In such view of the matter, learned counsel for the
petitioner submits that since no proceedings pursuant to the
said case Crime No. 431 of 1996 are pending after the order
dated 14.5.2022. In such view of the matter, the respondents
are under an obligation to release the pensionary benefits to
the petitioner.

6. It is admitted position in the instant case that no other
proceedings were initiated against the petitioner and no
adverse order was passed against the petitioner and the
pensionary benefits and retiral dues were stopped/ withheld
by the respondents only because of the pendency of the case
Crime No. 431 of 1996 which has now been closed vide order
dated 14.5.2022.

7. In such view of the matter, there is no hindrance for
release of the pensionary benefits to the petitioner.
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                                        Accordingly, the respondents are directed to release all
                                        pensionary benefits to the petitioner within a period of three
                                        months from the date of presentation of certified copy of this
                                        order before the authority concerned, in accordance with law.

                                        8. With the aforesaid observation/ direction, the instant
                                        petition stands disposed of.

                                        May 7, 2026
                                        n.u.

                                                                             (Anish Kumar Gupta,J.)




Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad