- (1.) Heard Shri Vijay Gautam, learned counsel for the petitioner, Shri Pankaj Rai, learned Additional Chief Standing counsel for the respondents and perused the record. Considering the pure legal submission advanced by learned counsel for the petitioner, learned Additional Chief Standing Counsel stated that he does not propose to file any counter-affidavit but would make oral submissions and the writ petition may be disposed of finally at this stage under the Rules of this Court, hence I proceed accordingly.
(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 25.7.2014 passed by respondent No. 5, by which the gratuity amount and other retiral benefits have been withheld on account of pendency of criminal case against the petitioner. He has further prayed for a direction to the respondent authorities to pay the gratuity amount and other post retiral benefits i.e. leave encashment , insurance amount, arrears, difference of regular pension since 1.2.2014 and other amount to him alongwith interest.
(3.) It is contended by learned counsel for the petitioner that during pendency of a criminal case, retiral benefits and pension amount cannot be withheld and this issue has been considered and decided by this Court in Writ Petition No. 25554 of 2010 (Lalta Prasad Yadav v. State of U.P. and others) decided on 15.5.2013, Writ Petition No. 26972 of 2013 (Santosh Kumar Singh v. State of U.P. and others) decided on 14.5.2013, Writ Petition No. 10099 of 2013, HC 11AP Mishir Lal v. The state of U.P. and others, decided on 26.2.2013 and Writ Petition No. 17141 of 2012, HC 122 AP Deo Narain Singh v. State of U.P. and others, decided on 20.7.2012. It is also submitted that one of the judgment of learned Single Judge was also assailed before a Division Bench in Special Appeal No. 84 (Defective) of 2013, which has also been dismissed.;