Partly allowed

State of U.P. Thru Secretary Revenue Dept. Lko and 3 Others v. Raj Pal Singh and Anothers

Allahabad HC9 Dec 2019WRIA/10236/2017

Case brief

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What is this about?

This High Court revised a Tribunal order directing the payment of death cum retiral gratuity to a government employee. The Court held that gratuity is not payable while criminal proceedings are pending against the employee, accordingly setting aside only the direction regarding gratuity while sustaining other pay directions.

What did the court decide?

Tribunal direction to pay gratuity with interest was set aside, subject to the decision in the pending criminal case; other directions sustained.

State of U.P. Thru Secretary Revenue Dept… — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No.34 Case:- Writ-A No. 10236 of 2017 Petitioner:- State of U.P. Through Secretary Revenue Department, Lko. & 3 others Respondent:- Raj Pal Singh and another Counsel for Petitioner:- Chandrakesh Rai Counsel for Respondent:- S.C., Manu Khare, Shiv Sagar Singh

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Hon'ble Sudhir Agarwal, J. Hon'ble Rajeev Misra, J.

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Heard learned Standing Counsel for petitioners and Sri Shiv Sagar Singh, learned counsel for respondent.

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This writ petition is directed against Judgment and order dated 6.5.2016 passed by the State Public Service Tribunal (hereinafter referred to as 'the Tribunal') in Claim Petition No. 2132 of 2012, Rajpal Singh Vs. State of U.P. And others, whereby Tribunal has directed petitioner-authority concerned to pay all retiral dues to the claimant Raj Pal Singh (respondent no.1 herein) including death cum retiral gratuity.

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Question, whether pension and gratuity can be withheld when the criminal case is pending, has been considered by this Court in Shivgopal and Others Vs. State of U.P. And others, 2019 AIR (All) 168 . It has recorded its finding in paragraph 38 as under:-

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“38. In view of the aforesaid facts and circumstances, the two questions which had come up for our opinion are answered as under:-

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(i) A government employee is not entitled to death cum retiral gratuity unless the conclusion of the departmental proceedings or the enquiry by the Administrative Tribunal or judicial proceedings which includes both civil and criminal.

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(ii) The law as laid down in Jai Prakash (Supra) is the correct law whereas all other decisions said to be in conflict with it are acutally not in conflict rather do not address to the legal position with whhich we are concerned in these writ petitions but with pension alone or if with gratuity on the basis of the

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equity and that too without reference to regulation 919-A and as such would not apply in the matter of payment of gratuity to the government employee.”

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The aforesaid Full Bench has been reiterated and followed in a subsequent Full Bench Judgment in Tirath Raj Tripathi Vs. State of U.P. and others, Writ petition No. 96 of 2014 decided on 5.12.2019 .

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In view of the above decisions, it is evident that death-cum- retiral gratuity is not payable if criminal case is pending against a government employee. Thus, in our view, Judgement of Tribunal in respect of direction with regard to payment of retiral gratuity cannot sustain.

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Writ petition is, accordingly, partly allowed. Direction of Tribunal in the operative part holding that claimant-respondent shall be entitled for payment of gratuity with interest is hereby set aside. It is made clear that entitlement of gratuity shall be subject to the decision in criminal case which is still pending against claimant-respondent. In respect of other direction, we do not find any good ground to interfere and the same is/are sustained.

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Order Date: 9.12.2019

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Ram Murti

State of U.P. Thru Secretary Revenue Dept. Lko and 3 Others v. Raj Pal Singh and Anothers

Case brief

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State of U.P. Thru Secretary Revenue Dept. Lko and 3 Others v. Raj Pal Singh and Anothers

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