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2025 DAILYLAW 105981 (ALL)

RAJVIJAY SINGH v. State of U.P. AND 4 OTHERS

WRIA/17069/2024 · 2025-03-10

Ajit Kumar

body2025

Judgment text

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Court No. - 4 Case :- WRIT - A No. - 17069 of 2024 Petitioner :- Rajvijay Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Rai Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. The petitioner is aggrieved for sudden suspension of his pension which had already been sanctioned on 14.07.2021 and ever since then the petitioner continuously was paid pension. 2. It is submitted that all of a sudden since the month of March, 2022, the pension was stopped. This Court had directed the respondents to file counter affidavit in the matter and in compliance thereof, Joint Registrar Cooperative, Azamgarh has filed an affidavit stating therein vide paragraph no.7 that post retirement pension to the Collection Amin of the Cooperative Societies since is paid from the collection fund maintained and operated under Section 92(a)(b) of U.P. Cooperative Societies Act, 1965, due to scarcity of funds the payment could not be made. 3. Learned counsel appearing for the petitioner has relied upon the two authorities in the case of Sushil Kumar Saraswat and 5 other vs. State of U.P. Thru Prin. Secy. Co-Operative Deptt. Lko. And 4 Other being Writ-A No.3052 of 2022 decided on 03.02.2022 and Chandra Prakash Pandey vs. State of U.P. Thru. Its Prin. Secy. Deptt. of Cooperative Societies Lko. And 3 Others being Writ-A No.7993 of 2023 decided on 13.10.2023. 4. Vide paragraph nos. 8, 9, 10, 11 and 13, the Court has observed thus: "...8. In view of aforesaid, a writ in the nature of mandamus is issued commanding the respondent no.2 namely Commissioner and Registrar, Co- operative, U.P., Lucknow to make payment of pension to petitioner with effect from June, 2022 along with continuous monthly payment of same. Insofar as the arrears are concerned the same should be paid by him within a period of three months from the date of presentation of certified copy of this order. 9. Since the ground for withholding payment of pension of petitioner is not found to be either in accordance with law nor with Article 21 of the Constitution of India, it is directed that petitioner shall be entitled to payment of interest @ 6% per annum from the date it was due till the date of actual payment. 10. It is evident that paucity of funds with Cooperative Department is on account of directions issued by the State restraining the Cooperative Department from effecting any coercive measures regarding recovery of loans. Since paucity of funds with department is being alluded to directions issued by the State Government, it is provided that respondent no.2 may seek sanctioning of grant by the State Government to the Cooperative Department for reimbursement of payments made to the petitioner as also per directions issued in Sushil Kumar Saraswat (supra)." 5. In view of the above, I do not see any justification for the respondents to stop the pension midway, hence direction is issued to make payment of entire pension dues within 2 months and in the meanwhile petitioner shall be paid his regular pension month by month without any deduction. 6. A compliance affidavit shall be filed by the next date fixed, failing which court may be compelled to take serious view of the matter. 7. List this matter on 15.05.2025. Order Date :- 11.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad