V.K.SHUKLA,J.MAHESH CHANDRA TRIPATHI,J. - (1.) Amrit Lal son of late Ram Badan is before this Court with the request to issue a writ, order or direction in the nature of mandamus commanding the respondents to pay gratuity to him w.e.f. 1.10.2000 to 1.11.2011 alongwith 18% interest.
(2.) Record in question reflects that the petitioner, while holding the post of Assistant Election Officer, Gorakhpur, was placed under suspension on 13.5.2000. Thereafter he retired from service on 30.9.2000 on attaining the age of superannuation. His retiral dues were not settled on the ground that a criminal case under Sections 420, 406, 477A, 109, 120B IPC and Section 13 (2) of Prevention of Corruption Act, 1988 was pending against him. He proceeded to file a Writ Petition No.24241 of 2000, which was finally disposed of by this Court on 12.2.2001 with direction to the authorities to conclude the enquiry within three months. In pursuance thereof, the District Magistrate, Bareilly sanctioned provisional pension to the petitioner with effect from January, 2003. However, the respondents withheld all retiral benefits of the petitioner including GPF, leave encashment, amount of insurance, gratuity etc due since 1.10.2000.
(3.) Learned counsel for the petitioner submits that the petitioner was falsely implicated in the aforesaid criminal case. The Special Judge (Anti Corruption), Gorakhpur, vide judgement dated 13.8.2009, acquitted the petitioner in Special Sessions Trial Case No.5 of 2000 (State vs. Pancham Lal & Ors) under Sections 420, 406, 477A, 109, 120B IPC and Section 13 (2) of Prevention of Corruption Act, 1988 on the ground that the prosecution failed to establish that M/s Arjun Ji & sons (the contractor), who had supplied the furnitures, had submitted forged bills or that Shri Pancham Lal and Shri Amrit Lal (the petitioner) were paid any illegal gratification for clearing the bills. The said acquittal order had been assailed by the State Government by filing Government Appeal No.8414 of 2009, which was dismissed by this Court on 17.5.2012. It is also relevant to indicate here that meanwhile the petitioner had preferred Writ A No.18322 of 2004 (Amrit Lal vs. State of UP & ors), which was disposed of by this Court on 24.11.2010 with direction to the State Government for considering the matter with regard to payment of balance of the retiral dues to the petitioner after taking into account the judgment of acquittal and appeal. When the said order was not complied with, the petitioner had proceeded to file Contempt Petition No.2866 of 2011. Thereafter the Additional Director (Treasury and Pension) Gorakhpur Region, Gorakhpur issued an order dated 27.9.2011 and released certain amount but withheld the amount of gratuity. On 15.10.2011 the District Magistrate, Gorakhpur passed an order on 15.10.2011 for payment of GPF amount. The said order had been assailed by the petitioner by means of Writ A No.19693 of 2013 and this Court vide order dated 1.8.2014 had proceeded to dispose of the writ petition with following observations: - "Amrit Lal, who retired as District Election Officer has filed this petition for quashing the order dated 27.7.2011 by which the Chief Election Officer has refused to release the gratuity amount subject to pendency of the Criminal Appeal No. 8414 of 2009. In respect to the charges as are mentioned in the impugned order the department did not proceed rather only a criminal case was lodged against the petitioner and against the order of acquittal the appeal i.e. appeal no. 8414 of 2009 was filed in this court. After hearing learned counsel for the parties there is no dispute about the fact that the aforesaid criminal appeal was dismissed vide order of this Court dated 17.5.2012, copy of which was shown during the course of arguments. In view of the aforesaid dismissal of the appeal now there is no hurdle in view of the impugned order for payment of the gratuity amount to the petitioner. Firstly the pendency of the Criminal Appeal filed by the State cannot be said to be a valid ground for non payment of gratuity amount and in any case after dismissal of the appeal on 17.5.2012, there can be further no justification for not paying the gratuity amount. In view of the aforesaid, this petition is allowed. Order passed by the Chief Election Officer dated 27.7.2011 is hereby quashed in so far it relates to denial of gratuity amount. The respondent no. 1 is directed to immediately get the gratuity amount finally calculated and pay the same to the petitioner along with interest @ 9% from 1.1.2011. Payment is to be made to the petitioner preferably within a period of two months from today. Learned Standing Counsel is directed to communicate this order to the competent authority and at the same time the petitioner is also directed to file certified copy of this order along with an application before the respondent no. 1 with the request that compliance of this order be ensured in time.";