JUDGMENT

Vikram D. Chauhan, J.

Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Sunil Kumar Srivastava, learned counsel for the petitioner and Sri Vikram Bahadur Yadav, learned Standing Counsel for the State-respondents.

2. The present writ petition is preferred challenging the order dated 26.11.2018 passed by the Deputy Director of Agriculture, Gorakhpur. In the writ petition further prayer has been made to direct the respondents to sanction final pension of the petitioner and pay such final pension including arrears of pension of the petitioner. The petitioner has further sought direction to sanction and disburse all outstanding retirement benefits of the petitioner along with his salary from the date of suspension till date of retirement with interest.

3. The brief facts giving rise to the present writ petition are that the petitioner was appointed as Assistant Soil Conservation Inspector in the Agriculture Department of the State on 26.2.1979. The designation of post of Soil Conservation Inspector was subsequently designated as Technical Assistant Grade - C.

4. On account of non-sanction of the promotion payscale on the post of Senior Technical Assistant Grade - B, petitioner earlier had preferred Writ Petition No. 65509 of 2020 before this Court. On 5.2.2011, petitioner was placed under suspension by Deputy Director of Agriculture, Gorakhpur in contemplation of disciplinary proceedings against petitioner. Petitioner being aggrieved by aforesaid suspension order preferred Writ Petition No. 11759 of 2011 before this Court. On 25.2.2011, a stay order was granted in favour of petitioner in the abovementioned writ petition. However, the aforesaid order dated 25.2.2011 did not preclude the respondent authorities from proceeding with the disciplinary proceedings against the petitioner.

5. The petitioner was served with a departmental charge sheet on 22.1.2011 and by order dated 17.3.2011 an enquiry officer was appointed in respect of disciplinary proceedings against petitioner. Subsequently, a new enquiry officer was appointed by order dated 12.6.2015.

6. The disciplinary proceedings against petitioner remained pending and petitioner stood superannuated from service on 31.1.2016. Petitioner thereafter was granted provisional pension by order dated 21.12.2017 passed by the Soil Conservation Officer.

7. On 16.2.2018, Deputy Director of Agriculture, Gorakhpur passed an order appointing one Sanjay Kumar Yadav, District Plant Protection Officer, Gorakhpur as the Enquiry Officer. The aforesaid order was followed by an order dated 9.9.2018 issued by Soil Conservation Officer serving with a copy of departmental charge sheet.

8. The petitioner being aggrieved by order dated 16.2.2018 and 9.8.2018 preferred Writ Petition No. 18812 of 2018 ( Lakshmi Narayan Upadhyay v. State of U.P. and others) before this Court. The said writ petition was disposed of by judgement dated 5.9.2018 with a direction for completion of the enquiry within a period of three months. The observations made in the judgement dated 5.9.2018 are quoted hereinbelow :-

"This petition has been filed challenging the order dated 16.02.2018 passed by Deputy Director Agriculture, Gorakhpur, as well as an order dated 09.08.2018 passed by the Soil Conservation Officer/Enquiry Officer whereby disciplinary proceedings already instituted against the petitioner in the year 2011 are being continued. The aforesaid orders are challenged on the ground that petitioner has already superannuated on 31.01.2016, and therefore, the continuance of enquiry