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JASPREET SINGH
Mahesh Chandra (Mahesh Singh) – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Sudhir Singh Chauhan, learned counsel for the petitioner as well as Sri Shrawan Kumar Dubey, learned Additional Chief Standing Counsel for the State-respondents.
2. The learned counsel for the petitioner has also filed a supplementary affidavit today after serving a copy on the learned counsel for the State-respondents and the same is taken on record.
3. By means of the instant petition, the petitioner prays for the following reliefs which reads as under :-
(II) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents to pay/allow the gratuity with interest to the petitioner.”
4. The petitioner has approached this Court assailing the order dated 31.01.2022 whereby the gratuity of the petitioner has been withheld on the ground of pendency of a criminal case against the petitioner. The submission of learned counsel for the petitioner is that the petitioner was appointed on the post of Constable
The right to receive pension and gratuity is recognized as a property and cannot be deprived except by having recourse to law in view of Article 300-A of the Constitution of India. The power of the S....
Point of Law : Article 351-AA/919-A came to be incorporated later (1980), the rule making authority was fully aware of the existing provisions, in particular, Article 351/351-A, but the rule making a....
Gratuity payment can be withheld during the pendency of departmental or judicial proceedings as per Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976.
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
Gratuity cannot be withheld solely due to a pending criminal case as per the Bihar Pension Rule, 1950 Rule 43(c) and the judgment in Arvind Kumar Singh Vs State of Bihar and Ors 2018 (II) PLJR 933.
The main legal point established is that under Rule 43(c) of the Bihar Pension Rule, 1950, employees facing departmental inquiry or judicial proceeding at the time of superannuation are entitled to p....
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