Udai Veer Singh Chauhan vs State of U.P. Thru. Prin. Secy. Panchayati Raj Vibhag Lko. and 2 Others

Court No. - 18

Case :- WRIT - A No. - 2274 of 2024

Petitioner :- Udai Veer Singh Chauhan Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Vibhag Lko. And 2 Others Counsel for Petitioner :- Suyesh Pradhan Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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The present writ petition has been preferred for quashing of the order dated 20.09.2020 passed by respondent no. 3 whereby rejecting the representation of the petitioner for grant of gratuity and other retiral dues on the pretext that there is a criminal case pending against the petitioner; and with a further prayer to direct the respondents to make the payment of final pension along with arrears, amount of gratuity and the amount of group insurance scheme to the petitioner with interest @ 18% per annum.

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On the other hand, learned State Counsel has submitted that the criminal case is pending against the petitioner in which chargesheet has been filed. As per regulation 919 A and 351-AA of the Civil Service Regulations, the payment could not be made until and unless the conclusion of the criminal trial/proceedings and to buttress his submission, learned State Counsel has relied upon the Full Bench judgment of this Court in the case of Shiva Gopal versus State of U.P and 4 others dated 08.05.2019.

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The matter requires consideration.

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As prayed, three weeks' time is granted to learned State Counsel to file counter affidavit. One weeks' time is granted to learned counsel for petitioner for filing rejoinder affidavit.

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List this case immediately after the expiry of the aforesaid period.

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Order Date :- 22.3.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Udai Veer Singh Chauhan v. State of U.P. Thru. Prin. Secy. Panchayati Raj Vibhag Lko. and 2 Others

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Udai Veer Singh Chauhan v. State of U.P. Thru. Prin. Secy. Panchayati Raj Vibhag Lko. and 2 Others

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