(Reserved on 11.11.2025)

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD.

Pronounced on the 17^th day of December, 2025 Original Application No. 363/2015 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Poshaki Lal, S/o Sri Tika Ram (Retired Dairy Attendant SSS Division, Central Data Cell in the office of Indian Veterinary Research Institute Izatnagar, Bareilly), R/o H.No. 381, Sanjay Nagar, P.S. Izzatnagar, District Bareilly . . .Applicant By Advocate : Shri V.P. Singh Kashyap PUNIT KUMAR V E R S U S MISHRA

1. Union of India through Secretary, Animal Husbandory and Veterinary, New Delhi

2. Director, Indian Veterinary Research Institute Izzatnagar, Bareilly

3. Assistant Administrative Officer, Indian Veterinary Research Institute Izzatnagar, Bareilly

4. Chief Finance and Account Officer, Pension Cell Audit Section, Indian Veterinary Research Institute Izzatnagar, Bareilly . . .Respondents By Advocate : Shri Arvind Singh

O R D E R

Heard Shri V.P. Singh Kashyap, learned counsel for the applicant and Shri Arvind Singh, learned counsel for the respondents at the time of hearing of case.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicant for the following reliefs:-

i. Issue a writ of certiorari quashing the impugned order dated

19.01.2013 be set aside and quashed.

ii. Issue a writ of mandamus commanding the respondent Authority be directed to grant full pension, gratuity, insurance and increment and other retirement benefit payable to the petitioner be granted forthwith to the petitioner within stipulated period as fixed by this Hon’ble Court.

iii. Issue any other writ, order or direction which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

3. The facts leading to this Original Application as apparent from the Original Application as under:-

a) The applicant was a regular employee of the respondents and was worked as a Dairy Attendant. While the applicant PUNIT KUMAR was in service, a First Information Report was lodged on MISHRA

15.12.1985 under Section 323, 324, 504 and 506 of the Indian Penal Code, in PS. Cantt. District Bareilly.

b) Subsequently, he was arrested and in the Trial, he was convicted under Section 323 of the Indian Penal Code for six month and under Section 325 of the Indian Penal Code for one year by the Munsif Magistrate LCC-III, Bareilly vide its order dated 16.04.1990.

c) Aggrieved by the said order, the applicant preferred a Criminal Appeal No.97/1990, which was too dismissed on

06.02.10997.

d) Subsequently, the applicant was suspended w.e.f.

06.02.1997 to 31.03.2005 on the basis of order of Criminal Appeal. The suspension of the applicant was revoked and applicant retired from services on 31.01.2013 on attaining the age of superannuation.

e) In the meantime, the applicant preferred a Criminal Revision No.165/1997, wherein recall application is pending as in ex parte proceeding, the same was decided vide its order dated 12.03.2012 by the High Court of Allahabad.

f) Thereafter, the Assistant Administrative Officer, Indian Veterinary Research Institute, Izzatnagar, Bareilly vide order dated 19.01.2013 fixed interim pension of Rs.4855/- in favour of the applicant and other retiral benefits i.e. full pension, Gratuity and insurance have been withheld due to pendency of criminal case before the High Court. Hence, the applicant has constrained to knock the door of this PUNIT KUMAR Tribunal, challenging the order dated 19.01.2013.

MISHRA

4. On the other hand, counter affidavit has been filed from the side of the respondents on 11.09.2015, wherein it has been stated as under:-

a) the applicant superannuated from services on 31.01.2013.

The applicant was sentenced for six months Rigorous Imprisonment under Sections 324, 325, 504 and 506 of the Indian Penal Code and also for one year Rigorous Imprisonment for the offence under Section 325 by the Court of Munsif Magistrate, LCC-III, Bareilly for his criminal offence,