Hoti Lal v. Counsel for

1. Heard Sri Vikram Bahadur Yadav, learned counsel for the writ petitioners in leading as well as in connected petition and Ms. Himkanya Srivastava, learned Standing Counsel for the State in leading as well as in connected petition.

2. A joint statement has been made by learned counsel for the parties that they do not propose to file any further affidavit and the writ petitions be decided on the basis of the documents, available on record.

3. With the consent of the parties, the petitions are being decided at the admission stage.

4. The case of the writ petitioner in the leading petition is that the petitioner was appointed as Seasonal Wasil Baqi Nawis in Collectorate- Etah on

15.06.1990 and he was accorded promotion as Junior Clerk on 8/10.01.1995. His services stood confirmed on 31.01.1997 and he was superannuated on 2 WRIA No. 7983 of 2025

30.11.2023. However, the writ petitioner was not acccorded post-retiral benefits, so he preferred the leading writ petition, wherein the following relief was sought: - "Issue, a writ, order or direction in the nature of mandamus directing the respondent no.3 to disburse the petitioner his regular monthly pension, regularly every month along with all arrears of pension and all other retiral dues during the pendency of the aforesaid writ petition before this Hon'ble Court."

5. In the aforesaid writ petition, on 26.08. 2025, the following orders were passed: - "Sri Brijesh Kumar Srivastava, learned Standing Counsel is allowed 10 days' time to obtain instructions in the matter, failing which District Magistrate, Etah and Commissioner/ Secretary, Board of Revenue, U.P., Lucknow shall file an affidavit as to why petitioner's post retirement dues not only be directed to be cleared but also liability of interest be fastened upon them for wholly illegally withholding the post retirement dues of the petitioner anticipation of approval under Regulation 351-A of Civil Services Regulation for holding disciplinary proceedings against the petitioner, more especially in the circumstances when the petitioner's regularization in service took place on 10.01.1995 and the Civil Service Regulations bar for any investigation into any incident/ matter beyond a period of four years after retirement of an employee. If affidavit is not filed, the officer shall remain put in appearance. Sri Brijesh Kumar Srivastava, learned Standing Counsel shall intimate this order to the officers concerned within three days. List on 09.09.2025. "

6. On 09.09.2025, the following orders were passed: - "This Court on 26.08.2025 has passed following order: "Sri Brijesh Kumar Srivastava, learned Standing Counsel is allowed 10 days' time to obtain instructions in the matter, failing which District Magistrate, Etah and Commissioner/ Secretary, Board of Revenue, U.P., Lucknow shall file an affidavit as to why petitioner's post retirement dues not only be directed to be cleared but also liability of interest be fastened upon them for wholly illegally withholding the post retirement dues of the petitioner anticipation of approval under Regulation 351-A of Civil Services Regulation for holding disciplinary proceedings against the petitioner, more especially in the circumstances when the petitioner's regularization in service took place on 10.01.1995 and the Civil Service Regulations bar for any investigation into any incident/ matter beyond a period of four years after retirement of an employee. If affidavit is not filed, the officer shall remain put in appearance. Sri Brijesh Kumar Srivastava, learned Standing Counsel shall intimate this order to the officers concerned within three days. List on 09.09.2025." 3 WRIA No. 7983 of 2025 Today instructions filed by learned Standing Counsel and as per the instructions, in some investigation carried out by the Special Investigating Team which also accorded opportunity of hearing to the petitioner, it is necessary to initiate disciplinary proceedings against him and for which letter was written to the Hon'ble Governor for necessary approval for sanction under Section 351-A of Civil Services Regulations, however, till date approval could not be obtained in the matter. In the considered view of the Court, relevant para 6 of the instructions states that letters have been sent on

04.07.2025, 30.07.2025 and 02.05.2025, which are brought on record as Annexure Nos. 8, 9 &10 respectively, but till date no sanction has been accorded under Section 351-A of Civil Services Regulations. Accordingly, post retirement dues of a retired employee cannot be withhold in anticipation of sanction of Hon'ble Governor under Section 351-A of Civil Services Regulations for initiating disciplinary proceedings. In the circumstances, the respondents are directed to immediately release the post retirement dues of the petitioner forthwith subject of course to the decision to be taken by the Hon'ble Governor and compliance affidavit be filed by the next date fixed, failing which the District Magistrate, Etah shall remain present before this Court. However, it is provided that the payment of post retirement dues to be made to the petitioner shall abide by the final outcome of this petition. List on 23.09.2025. Sri P.K. Srivastava, learned Additional Chief Standing Counsel shall communicate this order to District Magistrate, Etah within 48 hours."

7. A compliance affidavit has been filed on behalf of District Magistrate, Etah, wherein in para-3, it has been asserted that with respect to gratuity, an amount of Rs.1037330/- stands credited in the Bank Account of the writ petitioner on 04.09.2025, in para-4 it has been further asserted that the amount of Rs.715400/- has been credited in the bank account of the writ petitioner, as earned leave and in para-5, it is also asserted that an amount of Rs.3576041/- has been deposited in the bank account of the petitioner towards GPF. However, in para-6, it is also asserted that with respect to formalities of pension and other retiral dues, letters have been issued on

25.07.2023 and 18.06.2023 in that regard.

8. As regards the connected petition is concerned, the same has been preferred by Kailash Narayan son of Ram Dulare Lal, wherein the writ petitioner claims to have been appointed in the year 1990 by virtue of order dated 15.06.1990 as Seasonal Wasil Baqi Nawis in Collectorate- Etah and he was accorded promotion as Junior Clerk on 8/10.01.1995. His services stood confirmed on 31.01.1997 and he was superannuated on 30.06.2023 and the writ petition has been preferred seeking following reliefs: - "Issue, a writ, order or direction in the nature of mandamus directing the respondent no.3 to disburse the petitioner his regular monthly pension, regularly every month 4 WRIA No. 7983 of 2025 along with all arrears of pension and all other retiral dues during the pendency of the aforesaid writ petition before this Hon'ble Court."

9. In the connected petition, on 09.09.2025, the following orders have been passed:- "This Court on 26.08.2025 has passed following order in connected writ petition being Writ - A No. 7983 of 2025: "Sri Brijesh Kumar Srivastava, learned Standing Counsel is allowed 10 days' time to obtain instructions in the matter, failing which District Magistrate, Etah and Commissioner/ Secretary, Board of Revenue, U.P., Lucknow shall file an affidavit as to why petitioner's post retirement dues not only be directed to be cleared but also liability of interest be fastened upon them for wholly illegally withholding the post retirement dues of the petitioner anticipation of approval under Regulation 351-A of Civil Services Regulation for holding disciplinary proceedings against the petitioner, more especially in the circumstances when the petitioner's regularization in service took place on 10.01.1995 and the Civil Service Regulations bar for any investigation into any incident/ matter beyond a period of four years after retirement of an employee. If affidavit is not filed, the officer shall remain put in appearance. Sri Brijesh Kumar Srivastava, learned Standing Counsel shall intimate this order to the officers concerned within three days. List on 09.09.2025." Today instructions filed by learned Standing Counsel and as per the instructions, in some investigation carried out by the Special Investigating Team which also accorded opportunity of hearing to the petitioner, it is necessary to initiate disciplinary proceedings against him and for which letter was written to the Hon'ble Governor for necessary approval for sanction under Section 351-A of Civil Services Regulations, however, till date approval could not be obtained in the matter. In the considered view of the Court, relevant para 6 of the instructions states that letters have been sent on 04.07.2025, 30.07.2025 and 02.05.2025, which are brought on record as Annexure Nos. 8, 9 &10 respectively, but till date no sanction has been accorded under Section 351-A of Civil Services Regulations. Accordingly, post retirement dues of a retired employee cannot be withhold in anticipation of sanction of Hon'ble Governor under Section 351-A of Civil Services Regulations for initiating disciplinary proceedings. In the circumstances, the respondents are directed to immediately release the post retirement dues of the petitioner forthwith subject of course to the decision to be taken by the Hon'ble Governor and compliance affidavit be filed by the next date fixed, failing which the District Magistrate, Etah shall remain present before this Court. However, it is provided that the payment of post retirement dues to be made to the petitioner shall abide by the final outcome of this petition. List on 23.09.2025. Sri P.K. Srivastava, learned Additional Chief Standing Counsel 5 WRIA No. 7983 of 2025 shall communicate this order to District Magistrate, Etah within 48 hours."

10. A compliance affidavit has been filed on behalf of the District Magistrate, Etah, dated 19.09.2025, wherein in para-3, it has been asserted that with respect to gratuity, an amount of Rs.10,52,220/- stands credited in the Bank Account of the writ petitioner, in para-4 it has been further asserted that the amount of Rs.7,38,400/- stands credited as earned leave encashment in the bank account of the writ petitioner, and in para-5, it is also asserted that an amount of Rs.938238/- stands deposited in the bank account of the petitioner towards GPF. However, in para-7, it is asserted that the sanctioned pension payment order has also been issued, however, the writ petitioner has been required to complete certain formalities.

11. Today, when the matter has been taken up, Ms. Himkanya Srivastava as per the specific instructions so received by her from the respondents in particular District Magistrate, Etah, has made a statement that with respect to computation of pension and insurance, there are certain formalities which have to be fulfilled by the writ petitioners, thus the writ petitioners may comply with the said formalities and payments would be made within 15 days thereafter.

12. To such a submission, Sri Yadav, who appears for the writ petitioners in leading as well as connected petitions, has no objection.

13. Accordingly, the writ petitions are being decided in the following terms: (a) The District Magistrate, Etah shall communicate the writ petitioner by

28.10.2025, the requirements which are to be fulfilled by the writ petitioners in writing through registered speed post/e-mail/whatsapp. (b) On the same, the writ petitioners shall fulfill the said formalities within a period of 10 days there from. (c) Thereafter if the District Magistrate, Etah finds that there happens to be some shortcomings and the deficiency, which are to be rectified / fulfilled, then further a week's time be accorded to the petitioner. (d) On completion of the said formalities, the actual amount payable and admissible to be paid to the writ petitioners shall be disbursed in their account. 6 WRIA No. 7983 of 2025 (e) The said exercise is to be conducted within a period of one month there from.

14.The District Magistrate, Etah shall submit an affidavit of compliance before the Registrar General of this Court, regarding the said facts by

08.12.2025.

15. With the aforesaid observations, both the writ petitions stand disposed of . October 7, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad

1. Heard Sri Vikram Bahadur Yadav, learned counsel for the writ petitioners in leading as well as in connected petition and Ms. Himkanya Srivastava, learned Standing Counsel for the State in leading as well as in connected petition.

2. A joint statement has been made by learned counsel for the parties that they do not propose to file any further affidavit and the writ petitions be decided on the basis of the documents, available on record.

3. With the consent of the parties, the petitions are being decided at the admission stage.

4. The case of the writ petitioner in the leading petition is that the petitioner was appointed as Seasonal Wasil Baqi Nawis in Collectorate- Etah on

15.06.1990 and he was accorded promotion as Junior Clerk on 8/10.01.1995. His services stood confirmed on 31.01.1997 and he was superannuated on 2 WRIA No. 7983 of 2025

30.11.2023. However, the writ petitioner was not acccorded post-retiral benefits, so he preferred the leading writ petition, wherein the following relief was sought: - "Issue, a writ, order or direction in the nature of mandamus directing the respondent no.3 to disburse the petitioner his regular monthly pension, regularly every month along with all arrears of pension and all other retiral dues during the pendency of the aforesaid writ petition before this Hon'ble Court."

5. In the aforesaid writ petition, on 26.08. 2025, the following orders were passed: - "Sri Brijesh Kumar Srivastava, learned Standing Counsel is allowed 10 days' time to obtain instructions in the matter, failing which District Magistrate, Etah and Commissioner/ Secretary, Board of Revenue, U.P., Lucknow shall file an affidavit as to why petitioner's post retirement dues not only be directed to be cleared but also liability of interest be fastened upon them for wholly illegally withholding the post retirement dues of the petitioner anticipation of approval under Regulation 351-A of Civil Services Regulation for holding disciplinary proceedings against the petitioner, more especially in the circumstances when the petitioner's regularization in service took place on 10.01.1995 and the Civil Service Regulations bar for any investigation into any incident/ matter beyond a period of four years after retirement of an employee. If affidavit is not filed, the officer shall remain put in appearance. Sri Brijesh Kumar Srivastava, learned Standing Counsel shall intimate this order to the officers concerned within three days. List on 09.09.2025. "

6. On 09.09.2025, the following orders were passed: - "This Court on 26.08.2025 has passed following order: "Sri Brijesh Kumar Srivastava, learned Standing Counsel is allowed 10 days' time to obtain instructions in the matter, failing which District Magistrate, Etah and Commissioner/ Secretary, Board of Revenue, U.P., Lucknow shall file an affidavit as to why petitioner's post retirement dues not only be directed to be cleared but also liability of interest be fastened upon them for wholly illegally withholding the post retirement dues of the petitioner anticipation of approval under Regulation 351-A of Civil Services Regulation for holding disciplinary proceedings against the petitioner, more especially in the circumstances when the petitioner's regularization in service took place on 10.01.1995 and the Civil Service Regulations bar for any investigation into any incident/ matter beyond a period of four years after retirement of an employee. If affidavit is not filed, the officer shall remain put in appearance. Sri Brijesh Kumar Srivastava, learned Standing Counsel shall intimate this order to the officers concerned within three days. List on 09.09.2025." 3 WRIA No. 7983 of 2025 Today instructions filed by learned Standing Counsel and as per the instructions, in some investigation carried out by the Special Investigating Team which also accorded opportunity of hearing to the petitioner, it is necessary to initiate disciplinary proceedings against him and for which letter was written to the Hon'ble Governor for necessary approval for sanction under Section 351-A of Civil Services Regulations, however, till date approval could not be obtained in the matter. In the considered view of the Court, relevant para 6 of the instructions states that letters have been sent on

04.07.2025, 30.07.2025 and 02.05.2025, which are brought on record as Annexure Nos. 8, 9 &10 respectively, but till date no sanction has been accorded under Section 351-A of Civil Services Regulations. Accordingly, post retirement dues of a retired employee cannot be withhold in anticipation of sanction of Hon'ble Governor under Section 351-A of Civil Services Regulations for initiating disciplinary proceedings. In the circumstances, the respondents are directed to immediately release the post retirement dues of the petitioner forthwith subject of course to the decision to be taken by the Hon'ble Governor and compliance affidavit be filed by the next date fixed, failing which the District Magistrate, Etah shall remain present before this Court. However, it is provided that the payment of post retirement dues to be made to the petitioner shall abide by the final outcome of this petition. List on 23.09.2025. Sri P.K. Srivastava, learned Additional Chief Standing Counsel shall communicate this order to District Magistrate, Etah within 48 hours."

7. A compliance affidavit has been filed on behalf of District Magistrate, Etah, wherein in para-3, it has been asserted that with respect to gratuity, an amount of Rs.1037330/- stands credited in the Bank Account of the writ petitioner on 04.09.2025, in para-4 it has been further asserted that the amount of Rs.715400/- has been credited in the bank account of the writ petitioner, as earned leave and in para-5, it is also asserted that an amount of Rs.3576041/- has been deposited in the bank account of the petitioner towards GPF. However, in para-6, it is also asserted that with respect to formalities of pension and other retiral dues, letters have been issued on

25.07.2023 and 18.06.2023 in that regard.

8. As regards the connected petition is concerned, the same has been preferred by Kailash Narayan son of Ram Dulare Lal, wherein the writ petitioner claims to have been appointed in the year 1990 by virtue of order dated 15.06.1990 as Seasonal Wasil Baqi Nawis in Collectorate- Etah and he was accorded promotion as Junior Clerk on 8/10.01.1995. His services stood confirmed on 31.01.1997 and he was superannuated on 30.06.2023 and the writ petition has been preferred seeking following reliefs: - "Issue, a writ, order or direction in the nature of mandamus directing the respondent no.3 to disburse the petitioner his regular monthly pension, regularly every month 4 WRIA No. 7983 of 2025 along with all arrears of pension and all other retiral dues during the pendency of the aforesaid writ petition before this Hon'ble Court."

9. In the connected petition, on 09.09.2025, the following orders have been passed:- "This Court on 26.08.2025 has passed following order in connected writ petition being Writ - A No. 7983 of 2025: "Sri Brijesh Kumar Srivastava, learned Standing Counsel is allowed 10 days' time to obtain instructions in the matter, failing which District Magistrate, Etah and Commissioner/ Secretary, Board of Revenue, U.P., Lucknow shall file an affidavit as to why petitioner's post retirement dues not only be directed to be cleared but also liability of interest be fastened upon them for wholly illegally withholding the post retirement dues of the petitioner anticipation of approval under Regulation 351-A of Civil Services Regulation for holding disciplinary proceedings against the petitioner, more especially in the circumstances when the petitioner's regularization in service took place on 10.01.1995 and the Civil Service Regulations bar for any investigation into any incident/ matter beyond a period of four years after retirement of an employee. If affidavit is not filed, the officer shall remain put in appearance. Sri Brijesh Kumar Srivastava, learned Standing Counsel shall intimate this order to the officers concerned within three days. List on 09.09.2025." Today instructions filed by learned Standing Counsel and as per the instructions, in some investigation carried out by the Special Investigating Team which also accorded opportunity of hearing to the petitioner, it is necessary to initiate disciplinary proceedings against him and for which letter was written to the Hon'ble Governor for necessary approval for sanction under Section 351-A of Civil Services Regulations, however, till date approval could not be obtained in the matter. In the considered view of the Court, relevant para 6 of the instructions states that letters have been sent on 04.07.2025, 30.07.2025 and 02.05.2025, which are brought on record as Annexure Nos. 8, 9 &10 respectively, but till date no sanction has been accorded under Section 351-A of Civil Services Regulations. Accordingly, post retirement dues of a retired employee cannot be withhold in anticipation of sanction of Hon'ble Governor under Section 351-A of Civil Services Regulations for initiating disciplinary proceedings. In the circumstances, the respondents are directed to immediately release the post retirement dues of the petitioner forthwith subject of course to the decision to be taken by the Hon'ble Governor and compliance affidavit be filed by the next date fixed, failing which the District Magistrate, Etah shall remain present before this Court. However, it is provided that the payment of post retirement dues to be made to the petitioner shall abide by the final outcome of this petition. List on 23.09.2025. Sri P.K. Srivastava, learned Additional Chief Standing Counsel 5 WRIA No. 7983 of 2025 shall communicate this order to District Magistrate, Etah within 48 hours."

10. A compliance affidavit has been filed on behalf of the District Magistrate, Etah, dated 19.09.2025, wherein in para-3, it has been asserted that with respect to gratuity, an amount of Rs.10,52,220/- stands credited in the Bank Account of the writ petitioner, in para-4 it has been further asserted that the amount of Rs.7,38,400/- stands credited as earned leave encashment in the bank account of the writ petitioner, and in para-5, it is also asserted that an amount of Rs.938238/- stands deposited in the bank account of the petitioner towards GPF. However, in para-7, it is asserted that the sanctioned pension payment order has also been issued, however, the writ petitioner has been required to complete certain formalities.

11. Today, when the matter has been taken up, Ms. Himkanya Srivastava as per the specific instructions so received by her from the respondents in particular District Magistrate, Etah, has made a statement that with respect to computation of pension and insurance, there are certain formalities which have to be fulfilled by the writ petitioners, thus the writ petitioners may comply with the said formalities and payments would be made within 15 days thereafter.

12. To such a submission, Sri Yadav, who appears for the writ petitioners in leading as well as connected petitions, has no objection.

13. Accordingly, the writ petitions are being decided in the following terms: (a) The District Magistrate, Etah shall communicate the writ petitioner by

28.10.2025, the requirements which are to be fulfilled by the writ petitioners in writing through registered speed post/e-mail/whatsapp. (b) On the same, the writ petitioners shall fulfill the said formalities within a period of 10 days there from. (c) Thereafter if the District Magistrate, Etah finds that there happens to be some shortcomings and the deficiency, which are to be rectified / fulfilled, then further a week's time be accorded to the petitioner. (d) On completion of the said formalities, the actual amount payable and admissible to be paid to the writ petitioners shall be disbursed in their account. 6 WRIA No. 7983 of 2025 (e) The said exercise is to be conducted within a period of one month there from.

14.The District Magistrate, Etah shall submit an affidavit of compliance before the Registrar General of this Court, regarding the said facts by

08.12.2025.

15. With the aforesaid observations, both the writ petitions stand disposed of . October 7, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad