Allahabad High Court
Km. Priyanka vs Union Of India And 2 Others on 14 July, 2021
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 7121 of 2020 Petitioner :- Km. Priyanka Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Joveen Kumar Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J.
Petitioner retired from the post of X-ray Technician at Primary Health Centre, Konch District Jalaun. His grievance is that though petitioner superannuated but her regular pension has not been sanctioned. Order dated 1.12.2020 is accordingly challenged whereby petitioner has been placed under suspension w.e.f. the date of his incarceration in jail in case Crime No. 1250 of 2015. It is alleged that the petitioner has attained the age of superannuation on 3.9.2019 but merely on account of pendency of the aforesaid case, respondents are withholding the retiral benefits of petitioner.
Learned Standing Counsel points out that the Full Bench of this Court in the case of Shivgopal vs. State of U.P. and others in Special Appeal No. 40 of 2017 has already held that where criminal proceedings are pending, the authorities would be justified in denying payment of regular pension and only provisional pension could be paid in such circumstances.
A perusal of record would go to show that the claim of the petitioner has already been forwarded by the Chief Medical Officer to the Director i.e. respondent no.2 for necessary action in the matter. In view of the pronouncement of law in the case of Shiv Gopal (supra), petitioner would be entitled to provisional pension so long as criminal proceeding is pending against her.
In the facts and circumstances of the case, it would thus be appropriate to dispose of this petition with a direction upon respondent no.2 to take an appropriate decision in light of Full Bench judgment of this Court in the case of Shivgopal (supra). However petitioner would be allowed payment of provisional pension, if not sanctioned already, within a period of two months from the date of presentation of copy of this order. All consequential action shall be taken accordingly.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 14.7.2021 /n.u.