Tuesday, December 6, 2022

Allahabad High Court directs UP govt to decide on payment of full pension, gratuity to retired police constable within four months

It is stated that the said first information report was lodged in pursuance to a report dated January 09, 2003, wherein it was alleged that one accused had absconded while he was in custody of five constables.

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The Allahabad High Court has directed the state government to take a decision on the payment of full pension and gratuity to the retired Police constable within four months and said that the Petitioner is entitled to 6 percent interest on delay in payment of gratuity.

A Single Bench of Justice Pankaj Bhatia passed this order on October 6, while hearing a petition filed by Gambhir Singh, alleging that he retired on September 30, 2012 after completing his entire tenure of service, however, he was sanctioned and granted provisional pension in 2013.

The plea said the provisional pension was granted in view of the judicial proceedings pending against the petitioner in a case registered under Sections 223 and 224 of IPC.

It stated that the said FIR was lodged in pursuance to a report dated January 9, 2003, wherein it was alleged that the accused had absconded, while he was in custody of five constables. No further proceedings have taken place in the case and even the file is not traceable, noted the petitioner. He further argued that for identical circumstances, one Shivraj Singh and one Constable, who had retired and were facing the same proceedings, were given full pension.

The Counsel for the petitioner argued that the denial of final pension for an indefinite period was wholly arbitrary and illegal. He said even in the said criminal case, there is nothing to demonstrate that the state has suffered any pecuniary loss, adding that pension was not charity.

He placed reliance on the judgment of the Court dated January 9, 2020, wherein the Court in identical facts had recorded that admittedly in case the criminal proceedings initiated were not concluded, as such the petitioner cannot be made to suffer.

The Court observed that in the case of Udai Veer Singh vs state of UP and two others, the following directions were passed:-

“In the peculiar facts and circumstances of the case, taking a lenient view in the matter, the respondents are directed to extend all retiral benefits, which are admissible to the petitioner, forthwith. It is made clear that in case in the said criminal case any punishment would be accorded, the Authority would be at liberty to recover the aforesaid benefits from the petitioner.

“The final pension and gratuity shall be paid with all expeditions, preferably within a period of four months from the date of presentation of a copy of this order before the authority concerned. The petitioner shall also be entitled to interest at the rate of 6 percent per annum on the amount of gratuity to be paid to the petitioner,” the Court ordered.

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