D.P.SINGH, J. - (1.) Heard learned counsel for the petitioner and the learned Standing counsel. This petition is directed against an order dated December 16, 2008 by which the respondents have refused to pay gratuity to the petitioner.
(2.) The petitioner was initially appointed as an English Stenographer in the Civil Court at Azamgarh in November, 1977 and subsequently was promoted as English Stenographer Grade-I on regular basis and continued to function as Personal Assistant to the Additional District Judge. An F.I.R. under Section 307 I.P.C, was lodged against the petitioner which was registered as Case Crime No. 1060/2003 and since he was detained in custody on a criminal charge for a period exceeding 48 hours, he was placed under suspension vide order dated August 26, 2003. However, no departmental proceedings were initiated against him and he retired from service on June 30, 2004 on attaining the age of superannuation. When his retiral dues including gratuity was not paid he preferred Writ Petition No. 5877/2005 and a learned single Judge of this Court vide order dated November 4, 2008 directed the Authority to decide the question of payment of gratuity within three months.
(3.) In pursuance thereof, by the impugned order the Authority has refused to release the gratuity on the ground that a criminal trial is pending against him and therefore, in view of a Government Order dated July 28, 1989 (hereinafter referred to as a Government Order) and U.P. Civil Service Rules (Xth Amendment), 1983 (hereinafter referred to as the 1983 Rules) gratuity could not be released.;