KALLAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT DEPTT. LKO. AND 3 OTHERS
WRIA/186/2025 · 2025-09-01
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115222 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115222 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 186 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 & 2 and Shri Samanvya Dhar Dwivedi, learned counsel for the respondent no. 3 and Shri Pankaj Patel, learned counsel for the respondent no. 4. The grievance of the petitioner is that despite he working as attendant under the respondents no. 4 the salary since last three years has only been paid intermittently. Shri Pankaj Patel, learned counsel for the respondent no. 4 states that on account of paucity of funds and the precarious financial position of the respondents, the respondent no. 4 is unable to pay salary on time to the petitioner. He further states that request has been sent to the respondent no. 3 for making available adequate funds so that payments can be made. Be that as it may the fact of the matter remains that the petitioner is an employee of respondent no. 4 and it is the duty of the respondent no. 4 to ensure timely payment of salary to its employees including the petitioner. Whether the ground of financial crunch is considered a valid ground for non payment of pension and other retiral dues has already engaged attention of this Court in the Writ A No.7811 of 2024 In Re Shiv Nath Singh & 2 Ors vs State of U.P. & 2 Ors, as affirmed by the Division Bench of this Court in Special Appeal Defective No.208 of 2025 In Re U.P. Jal Nigam (Urban) & Versus Counsel for Petitioner(s) : Pradeep Kumar Tripathi Counsel for Respondent(s) : C.S.C., Pankaj Patel, Samanvya Dhar Dwivedi, Shanker Lal Kallan Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. And 3 Others .....Respondent(s)
Anr vs Shiv Nath Singh & Ors wherein this Court has held that financial crunch cannot be a valid ground for non payment of retiral dues. Considering the aforesaid, the writ petition is allowed with a direction to the respondent no. 4 to pay regular salary month to month to the petitioner including all allowances. The arrears of salary would also be paid by the respondent no. 4 to the petitioner within 6 weeks from the date of receipt of a certified copy of this order.
September 1, 2025 J. K. Dinkar WRIA No. 186 of 2025 2 (Abdul Moin,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench