Neutral Citation No. - 2025:AHC-LKO:7301 Court No. - 18 Case :- WRIT - A No. - 1485 of 2025 Petitioner :- Jagannath Prasad Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative U.P. Lko. And 3 Others Counsel for Petitioner :- Daya Shankar Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard Sri Daya Shankar Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-opposite parties. 2. By means of this petition, the petitioner has prayed following main reliefs:- "i) to issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to remit the pension of the petitioner from the month of March, 2024 to till date with interest as given to the Ityant Kumar, in the interest of justice. ii) to issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to pay month to month regular pension to the petitioner, because, the pension is only source of livelihood of the Petitioner." 3. Learned counsel for the petitioner has submitted that the petitioner was working on the post of Kuark Amin since 30.03.1978 and retired on 31.08.2009. It has been submitted by learned counsel for the petitioner that since March, 2024, the pension is not being paid to the petitioner due to paucity of funds. Learned counsel for the petitioner has relied upon judgment of this Court dated 26.11.2024 passed in Writ A No. 10677 of 2024 (Ityant Kumar v. State of U.P. through Principle Secretary Cooperative U.P. Lucknow and three others). It has been further submitted that in this regard the petitioner has submitted a representation on 02.01.2025 before respondent no. 4 but no receiving of such representation was given by the respondent no. 4. 4. Having considered the aforesaid contention and order dated dated 26.11.2024 passed in Writ A No. 10677 of 2024 (Ityant Kumar v. State of U.P. through Principle Secretary Cooperative U.P. Lucknow and three others), I am of the considered opinion that payment of pension may not be stopped in any condition as such payment is not bounty but a legal right of an employee, which may not be infringed in any circumstances. The competent authority must take into account the plight of the employee that he and his family may not survive in absence of payment of pension, therefore, no making payment for substantial period is violative of Article 21 of the Constitution of India. 5. In view of the above, this petition is disposed of with liberty to the petitioner to submit a fresh representation within a period of two weeks from today before respondent no. 4 along with certified copy of this Court as well as copy of order dated 26.11.2024 passed in Writ A No. 10677 of 2024 (Ityant Kumar v. State of U.P. through Principle Secretary Cooperative U.P. Lucknow and three others). 6. In case, such a representation is submitted by the petitioner, the same shall be considered and decided by respondent no. 4 within next four weeks, in accordance with law, in light of order dated dated 26.11.2024 passed in Writ A No. 10677 of 2024 (Ityant Kumar v. State of U.P. through Principle Secretary Cooperative U.P. Lucknow and three others). Order Date :- 5.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad, Lucknow Bench