HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 19967 of 2024 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. None appeared on behalf of petitioner. Sri P.K.Shahi, learned Additional Chief Standing Counsel has appeared on behalf of State. 2. This Court has passed following orders on 20.12.2024 and 7.1.2025: " Order dated 20.12.2024: On 13.12.2024, we passed the following order: "The petitioner retired from service on 30.06.2020. He was a Clerk in the Office of the Assistant Commissioner/Assistant Registrar, Cooperative Societies, U.P., Firozabad. The grievance of the petitioner is that he was initially sanctioned pension and paid until July, 2023 but his pension has been withheld since August, 2023 until date. There are arrears for the period of about 15 months. There is absolutely no justification the petitioner says, to withhold his pension. Let the Assistant Commissioner/Assistant Registrar, Cooperative Societies, U.P., Firozabad show cause by his own affidavit on or before 20.12.2024, why the petitioner's pension for 15 months, as aforesaid, has been withheld and not paid. Lay as fresh on 20.12.2024. Let this order be communicated to the Assistant Commissioner/Assistant Registrar, Cooperative Societies, U.P., Firozabad through the Chief Judicial Magistrate, Firozabad by the Registrar (Compliance) by Monday next." Mr. S.C. Upadhyay, learned standing Counsel states that he has neither received instructions nor is he equipped with the personal affidavit of the Versus Counsel for Petitioner(s) : Vijay Kumar Rai Counsel for Respondent(s) : C.S.C. Radhey Shyam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Assistant Commissioner/Assistant Registrar, Cooperative Societies, U.P., Firozabad, required to be filed. This order was communicated to the Assistant Commissioner/Assistant Registrar, Cooperative Societies, U.P., Firozabad through the Chief Judicial Magistrate, Firozabad and still no response from him. In the circumstances, this matter is posted as fresh to 07.01.2025, by which time, the order dated 13.12.2024 shall be complied with or the Assistant Commissioner/Assistant Registrar, Cooperative Societies, U.P., Firozabad shall appear in person at 2 pm. It is made clear that in the event the necessary affidavit is filed, the officer need not appear. Lay as fresh on 07.01.2025 at 2 pm. Let this order be communicated to the Assistant Commissioner/Assistant Registrar, Cooperative Societies, U.P., Firozabad through the Chief Judicial Magistrate, Firozabad by the Registrar (Compliance) today. xxx Order dated 7.1.2025 Shri Subhranshu Shekhar, learned Additional Chief Standing Counsel on behalf of the respondent No.1 prays for and is granted time to file counter affidavit. The affidavit shall also disclose the time period during which the pension dues as per his lawful entitlement shall be paid to the petitioner. List on 26.03.2025 in the top of the list." 3. Learned Additional Chief Standing Counsel on basis of instructions submitted that pension of the petitioner is paid from the income generated through collection of tax, therefore, in case of less collection of tax, its adverse effect falls on regular payment of pension also, which may not be considered as an intentional default and the petitioner is also well aware about this process. 4. In the aforesaid circumstances considering that source of payment of pension is from the collection of tax and in case of shortfall of collection, its adverse effect falls on month to month payment of pension, therefore, taking note of overall circumstances, above referred submissions as well as personal affidavit, this writ petition is disposed of with a direction that respondents will take all endeavour to pay pension to the petitioner on month to month basis except when there is a financial constraint due to less WRIA No. 19967 of 2024 2 collection of tax and in such circumstances, it would be appropriate that the petitioner be communicated about the same. September 16, 2025 SB WRIA No. 19967 of 2024 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad