Petitioner sought a writ to direct the State to compute and pay final pension after adjusting provisional pension following his discharge in a corruption case. The court allowed the petition.
Direction to respondent no.4 to compute and pay final pension after adjusting provisional pension with arrears and interest within six weeks.
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Court No. - 33
Case :- WRIT - A No. - 22073 of 2022
Petitioner :- Pradeep Kumar Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The Court in terms of the earlier order dated 09.02.2023 has provided a copy of written instructions dated 19.02.2023, under the signatures of District Magisgrate, Bulandshahar, which is taken on record.
By means of the instant writ petition, the petitioner seeks a direction in the nature of mandamus directing the respondents to compute and pay the final pension after adjusting the provisional pension, which is being paid to the petitioner.
The submission of the learned counsel for the petitioner is that in view of the case pending before the Additional Sessions Judge/Special Judge, (Prevention of Corruption Act) bearing Special Case No.93 of 2016 (State Vs. Pradeep Kumar & Others), the petitioner, who had attained the age of superannuation and retired on 31.07.2021 and on the basis of the aforesaid case, the petitioner was given a provisional pension. It is further urged that the petitioner was discharged in the said case by means of an order dated 01.10.2021 and a copy of which has been brought on record as Annexure No.9. It is urged that despite same, the petitioner has not been given his pension, which prompts him to approach this Court.
Learned Standing Counsel on the basis of written instructions could not dispute the fact but the only contention raised is that a letter was issued on 14.03.2022 regarding the decision taken by the authorities to file a revision against the order of the Court dated 01.10.2021.
Learned Standing Counsel could not dispute the fact that there is no revision filed against the petitioner till date and as such, in view of the aforesaid undisputed fact that there can be no legal
impediment in not paying the pension to the petitioner and accordingly, this Court allows the petition with a direction to the respondent no.4 to take a note of the aforesaid fact and comply all the formalities, so that the petitioner is accordingly gets his final pension after adjusting the provisional pension as well as pass the appropriate orders regarding the payment of the arrears alongwith the interest, gratuity, etc. in accordance with law.
The aforesaid entire exercise be completed within a period of six weeks from the date of copy of this order be placed before the respondent no.4.
With the aforesaid observations, the instant petition is accordingly allowed . In the facts and circumstances, there shall however be no order as to costs.
Order Date :- 23.2.2023 Zafar
Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to receive final pension after adjusting the provisional pension following his discharge in a corruption case.
Pradeep Kumar Sharma
State Of U.P.
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
