Neutral Citation No. - 2025:AHC:89245 Court No. - 6 Case :- WRIT - A No. - 15340 of 2024 Petitioner :- Arun Prakash Saxena Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Mohan Asthana Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Krishna Mohan Asthana, learned counsel for petitioner and Sri A.K. Nagvanshi, learned A.C.S.C. for State. 2. The present writ petition is filed seeking following relief :- "i. Issue a writ order or direction of suitable nature commanding the respondents particularly the respondent No.5 to pay the petitioner his regular monthly pension and other post retiral benefits including gratuity and leave encashment amount since the date of retirement of the Petitioner on 31.07.2023 together with interest from the date it accrued to the Petitioner till its actual payment at the fixed deposit rate of nationalized bank. ii. Issue a writ order or direction of suitable nature, directing the respondents to pay the Petitioner his arrears of salary, illegally withheld for the period since July 2021 till April 2022 in the pay scale of 9300 34800/- with grade pay of Rs. 4800/- as per sanction and further to pay the arrears of difference of salary to w.e.f May 2022 till the retirement of the petitioner on 31 July 2023 with all consequential benefits of the said scale including the interest on the said amount for the period of delay and unlawful withholding of the same at the interest rate applicable to the fixed deposit in a nationalized bank." 3. It is the case of petitioner, he was an ex employee of UPTRON India Ltd. and after its closure his services were permanently absorbed with department of Basic Education, though at this stage, learned counsel for respondent has disputed the aforesaid fact that petitioner was initially employed under a project of Department of Education though later on he was absorbed by an order dated 02.01.2019. 4. Learned A.C.S.C. for State submits that there is a legal impediment so far as prayer for pension is concerned since a subsequent Government Order which is against the case of petitioner is under challenge before the Bench at Lucknow, therefore, he prays that matter be heard or be decided after the disposal of Writ Petition No.2843 of 2025 pending at Bench at Lucknow. So far as other prayer is concerned, it is submitted that pay scale was wrongly fixed in higher grade and petitioner has misused his position. 5. Learned A.C.S.C. for State has not disputed that till date no speaking order is passed, though counsel for petitioner submits that salary of petitioner for a period one year is stopped and salary is also reduced. 6. In the aforesaid circumstances, this writ petition is disposed of with following observations and directions :- (1) Petitioner has admittedly retired on 31.07.2023 after giving his service from 2013, initially under a scheme and thereafter he was absorbed also. As referred above, there is no order whereby his salary was stopped for a period of one year and why his salary was reduced after retirement or at verge of retirement, therefore, in case, no specific order is passed within a period of 4 weeks after giving opportunity of hearing, is so warrant, petitioner's salary or any other benefit shall be released as well as no dispute be raised in future about fixation of salary and arrears, if any be also paid. (2) So far as pension is concerned, the respondent has to pass a reasoned order, specifically when a adverse notification is stayed by Bench at Lucknow. Order Date :- 26.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad