Neutral Citation No. - 2025:AHC:13732 Court No. - 6 Case :- WRIT - A No. - 18269 of 2024 Petitioner :- Ganga Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yash Padia Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2.Present petition has been filed seeking following relief:- "a). Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to pay all post retirement benefits to the petitioner" 3. Case was heard on 18.12.2024 and the following order was passed:- "1. Heard learned counsel for petitioner and learned Additional Chief Standing Counsel for State-respondents. 2. Learned counsel for petitioner submitted that petitioner was appointed as a Class-IV employee in Shri Ram Janki Inter College, Girdharpur Kungai, Chaukhra, Siddharth Nagar on 20.02.1984. He further submits that for her regular salary, petitioner has approached this Court by filing Writ-A No.19356 of 2002 in which this Court vide interim order dated 10.05.2002 has directed respondent Nos.1 and 2 to pay the current salary of the petitioner from the month of March, 2003 month by month regularly. The said writ petition is ultimately dismissed vide order dated 27.01.2020. Being aggrieved, petitioner has preferred Special Appeal (Defective) No.348 of 2020. Appellate Court vide order dated 30.07.2020, revived the interim order dated 10.03.2003 passed in C.M.W.P. No.19356 of 2002. During the pendency of the said special appeal, the petitioner retired on 31.07.2022. After his retirement, he has been paid gratuity, but no pension has been paid. He further submits that once he is being paid salary, he is also entitled for at least provisional pension subject to final decision of Special Appeal Defective No.348 of 2020. Therefore, direction be issued to respondent no.4 to pay the pension to the petitioner forthwith. 3. Learned Standing Counsel prays for and is granted three weeks time to seek instructions about the matter as well as arguments advanced by learned counsel for the petitioner. 4. Put up this case as fresh on 08.01.2025" 4. Learned Standing Counsel has produced instructions dated 6th January, 2025 duly signed by respondent no.4-District Inspector of Schools, Siddharth Nagar, which is taken on record. In the said instructions there is no denial of facts recorded in the order dated 18.12.2024. In instructions it is also accepted that petitioner was being paid salary under the orders of this Court till retirement. 5. In view of the aforesaid facts and circumstances of the case, once petitioner is being paid salary, he is also entitled for at least provisional pension subject to final decision of Special appeal. Accordingly, respondent No.4--District Inspector of Schools, Siddharth Nagar is directed to ensure payment of provisional pension forthwith and arrears of provisional pension to the petitioner within three months from the date of production of certified copy of this order. 6.However, it is made clear that payment of provisional pension would be subject to the final decision of Special Appeal No. 298 of 2020 (Earlier Special Appeal Defective No. 348 of 2020), pending before this Court. 7. With the aforesaid observations, the writ petition stands allowed. 8. No order as to costs. Order Date :- 27.1.2025/AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad