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VIVEK KUMAR BIRLA, YOGENDRA KUMAR SRIVASTAVA
Buddha Prakash Sachan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Dr Yogendra Kumar Srivastava, J.-Heard Sri Yashpal Yadav, learned counsel for the appellant and Sri Ratandeep Mishra, learned Standing Counsel for the State-respondents.
2. The instant intra-Court appeal is directed against the judgment and order dated 21.8.2024 passed by a learned Single Judge of this Court in Writ-A No. 9991 of 2024 (Buddha Prakash Sachan v. State of Uttar Pradesh), whereby the writ petition has been disposed of, with certain observations.
3. The records of the case indicate that the writ petition had been filed by the petitioner-appellant, seeking quashing of letter dated 22.3.2023 issued by the Deputy Director (Agricultural Development), Jalaun at Orai, withholding a sum of Rs. 4,46,880/- out of the gratuity payable to the petitioner. A challenge was also raised to charge-sheet dated 26.4.2024 issued to the petitioner. The grievance, which had been sought to be raised by the petitioner, was that he has not been paid the balance of his gratuity, which is a total sum of Rs. 14,17,251/- after deducting the sum of Rs. 4,46,880/-, i.e. even if the order dated 22.3.2023 is to be upheld.
4. The argument which was sought to be put forward was that while
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
Departmental proceedings against retired employees cannot be instituted under Civil Service Regulations if the post is non-pensionable; gratuity cannot be withheld without meeting statutory condition....
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....
The applicability of Civil Service Regulations depends on employment nature; disciplinary proceedings cannot continue against retired employees without specific provisions, and gratuity cannot be wit....
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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