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ALOK MATHUR
Brajendra Kumar Singh – Appellant
Versus
State Of U. P. Thru Prin. Prin. Secy. Deptt. Of Home Lko. – Respondent
JUDGMENT :
1. Heard Sri Rishi Raj, learned counsel for the petitioner as well as Sri Vivek Kumar Shukla, learned Additional Chief Standing counsel appearing on behalf of the opposite parties.
2. It has been submitted by learned counsel for the petitioner that the petitioner was initially recruited on the post of Sub Inspector on 2.5.1981 and subsequently he has superannuated on 21.12.2014 from the same post while serving at police station Naka, District Lucknow. Despite superannuation he has not been paid his amount of gratuity only on account of the fact that a criminal as registered against him in case crime No.255 of 1996 under Section 394 IPC at police station Naubasta, Kanpur. It is on account of pendency of the said criminal case where charge sheet has been filed in the court of competent jurisdiction on 8.4.1996 and the trial is still underway and only because of pendency of the said criminal case the payment of gratuity has been denied to the petitioner.
3. Learned counsel for the petitioner submits that the law in this regard is well settled by this Court in the case of Udai Narain Ojha Vs. State of U.P. and others, passed in writ A No.27391 of 2012 on 21.1.2020 where this Co
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....
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
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....
In the absence of specific provisions empowering the employer to withhold the pension of an employee, the same cannot be withheld, especially after the employee has been acquitted from criminal charg....
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