Sangeeta Chandra, J. - (1.) These two writ petitions have been filed by the retired employees of the State Government involving similar issues and therefore, although the facts of both writ petitions are different, they are being considered together. In Writ A No. 9126 of 2015, the arguments were heard and judgment was reserved on 04.07.2017 and in Writ A No. 14350 of 2014, the arguments were heard and judgment was reserved on 26.07.2017.
(2.) In Writ Petition No. 9126 of 2015, the petitioner-Tirath Raj Tripathi has prayed for issuance of a writ in the nature of mandamus directing the Superintending Engineer, Kanpur Circle, PWD, Kanpur Nagar to pay retiral benefits, gratuity and regular final pension with interest to the petitioner forthwith.
(3.) The petitioner Tirath Raj Tripathi was working as Senior Assistant in Public Works Department, Kanpur on 31.7.2002 when he was implicated in a criminal case where the U.P. Vigilance Establishment lodged an FIR against him on 31.7.2002 which was registered as Case Crime No. 324 of 2004 under Section 7/13(1D) read with section 13(2) of the Prevention of Corruption Act, 1988 and the petitioner was sent to jail on 31.7.2002 and released on bail on 27.8.2002. On the basis of his being sent to jail, the petitioner was suspended on 31.7.2002. The petitioner filed a Writ Petition No. 46319 of 2002 challenging the suspension order and this Court set aside the suspension order on 21.11.2002 and he was reinstated in service on 5.6.2003. Thereafter, the petitioner continued to perform his duty and was retired on 31.11.2012 from the post of Head Assistant. Since his retirement, he has filed several representations, but his pension, gratuity and other retiral dues have not been released only due to the reason of pendency of criminal case against the petitioner under the Prevention of Corruption Act, 1988.;