KALIKA PRASAD YADAV Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2016-2-425
HIGH COURT OF ALLAHABAD
Decided on February 26,2016

Kalika Prasad Yadav Appellant
VERSUS
State Of U P And 2 Others Respondents

JUDGEMENT

B. Amit Sthalekar, J. - (1.) Heard Sri B.N. Singh Rathore, learned counsel for the petitioners in all the above writ petitions and Sri Vikram Bahadur Yadav, learned standing counsel for the respondents.
(2.) In Writ petition no.47540 of 2015, the petitioner is seeking quashing of the order dated 30.06.2015 whereby his regular pension, gratuity and salary of the period under suspension has been held as not payable and the petitioner's representation dated 09.05.2015 has been rejected on the ground that Case Crime No.357 of 2010 under sections 223, 224 IPC, Police Station-Padrauna, District-Kushinagar is pending against the petitioner on a criminal case having being initiated on a First Information Report dated 02.04.2010. The petitioner has retired from service on 30.06.2014.
(3.) In Writ petition no.47537 of 2015, the petitioner is seeking quashing of the order dated 06.05.2015 whereby payment of gratuity has been withheld on account of pendency of criminal proceeding being Case Crime No. NIL of 2013 under Sections 203, 222, 223, 224 and 225A IPC, Police Station-Colonelganj, District- Allahabad initiated on a First Information Report dated 09.08.2013. He is seeking a further direction in the nature of mandamus to the respondents to pay his entire retiral dues including gratuity and regular pension. The petitioner has retired from service on 28.02.2015.;


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