JUDGMENT :

Jayant Banerji, J.

1. The application seeking exemption for filing the certified copy of the order is allowed.

2. The appellant-respondents have filed this intra court appeal against the judgment and order of the learned Judge dated 23.7.2021 passed in Writ-A No. 6544 of 2021 (Anil Kumar Sharma Vs. State of U.P. and others) by means of which the writ petition has been allowed holding that denial of pension to the petitioner as well as continuation of departmental proceedings against him by taking recourse to Article 351-A of the Civil Service Regulations, CSR is arbitrary.

Background of the case:

3. The aforesaid writ petition was filed seeking directions to the respondents to pay the retiral benefits like Gratuity, G.P.F., Leave Encashment etc. and arrears of pension alongwith interest and to pay the regular pension to the petitioner as and when it is due. Further relief was sought for granting provisional pension.

4. The case of the respondent-petitioner in the writ petition was that he was initially appointed on 4.6.1974 on a permanent regular post of Patrolman and was lastly promoted to the post of Junior Engineer in the year 2014. He retired on 31.12.2018 from the post of