DEVI PRASAD MISHRA Vs. STATE OF U P THROUGH SECY BASIC EDU LKO & ORS
LAWS(ALL)-2018-4-180
HIGH COURT OF ALLAHABAD
Decided on April 04,2018

Devi Prasad Mishra Appellant
VERSUS
State Of U P Through Secy Basic Edu Lko And Ors Respondents

JUDGEMENT

Rajesh Singh Chauhan, J. - (1.) Heard Shri Anurag Srivastava, learned counsel for the petitioner, Shri Gaus Beg, learned counsel for opposite party nos. 2,6,7, and 8 and learned Standing Counsel for the State respondents.
(2.) By means of this petition, the petitioner has prayed that the competent authorities may be directed to pay the retiral dues to the petitioner i.e. gratuity and pension.
(3.) Learned counsel for the petitioner has submitted that on account of pendency of one criminal case, his gratuity has been withheld and only provisional pension is being paid. However, rest of post retiral benefits have been paid to him. Learned counsel for the opposite parties has however, submitted that in the light of Government Order dated 28.7.1989, the gratuity of petitioner has been withheld. As per the aforesaid Government Order, if any criminal case is pending against the employee, he shall not be entitled for the payment of gratuity.;


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