- (1.) The aforesaid writ petition arises out of the judgment and order dated 18.12.2015 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow, in Original Application No. 552 of 2013 whereby the Tribunal has allowed the Original Application and directed the petitioners-authorities to release the pension and gratuity of the respondent.
(2.) In short, the facts of the case are that the respondent-Gopal Krishna Shukla, who retired from the post of Administrative Officer on 30.11.2011 from the office of the Commissioner of Income Tax (DR-I) Lucknow, preferred Original Application No.552 of 2013 before the Central Administrative Tribunal [in short referred to as the ''Tribunal'] inter-alia praying for a direction to the authorities-petitioner to pay full pension, commuted value of pension and gratuity to him as admissible to him. Petitioners contested the Original Application preferred by the respondent by filing a Counter Affidavit stating therein that a criminal case is pending against the employee in the Court of Special Judicial Magistrate, Lucknow and as such he is not entitled for the benefits as sought for by him.
(3.) The learned Tribunal after examining the material on record, provisions of Rule 9(4) read with Rule 69 of CCS (Pension) Rules, 1972 and Section 4 of the Payment of Gratuity Act, 1972 allowed the claim of the employee and directed the authorities to release full pension, commuted value of pension and Gratuity to the applicant.;