SMT. PHOOLMATI @ CHHOTI @ CHOTI v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS GOVT. OF U.P. LKO. AND 5 OTHERS
WRIA/2099/2025 · 2025-02-20
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124299 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124299 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10985 Court No. - 5 Case :- WRIT - A No. - 2099 of 2025 Petitioner :- Smt. Phoolmati @ Chhoti @ Choti Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas Govt. Of U.P. Lko. And 5 Others Counsel for Petitioner :- Mohd. Ali,Perwaiz Wahab Khan Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Abdul Moin,J.
1. Heard the counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 to 4 and Sri Sriniwas Bajpai, learned counsel for the respondents no. 5 & 6. 2. With the consent of learned counsel for the parties, the writ petition is being finally decided. 3. Instant writ petition has been filed praying for the following main reliefs:-
"1- Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to release and make payment of the entire outstanding post-retiral dues of the petitioner's deceased husband Bhajan Lal as well as arrear of family pension of the petitioner since 22.12.1995 to 15.12.2016 and thereafter arrears of revised family pension w.e.f 16.12.2016 to 16.12.2022 sanctioned under the U.P. Nagar Palika Non-Centralised Services Retirement Benefits (Fifth Amendment) Regulation, 2016, which have been allowed under the Pension Payment Order dated 17.11.2022, along with the interest @ 12 % per annum on account of withholding the same illegally and arbitrarily and creating inordinate delay in payment, as contained in Annexure No. 1 to the writ petition. II. To issue a writ order, or direction in the nature of Mandamus commanding the opposite parties to pay penal interest @ 12 % per annum on an amount as may be quantified by this Hon'ble Court over the entire outstanding dues including the arrears of revised family pension 16.12.2016 to 16.12.2022 for causing mental harassment and compelling the family members of the deceased retired Palika servant Bhajan Lal to face financial hardship and lead beggarly life by not making prompt payment of the same."
4. Sri Sriniwas Bajpai, learned counsel appearing on behalf of the respondents no.5 and 6 fairly states that on account of paucity of funds, the dues have not been paid which shall be paid positively within a period of six months from today.
It is further stated that part payment of the 1/4 of the total dues shall be paid to the petitioner
within a period of three months and the balance shall be paid within a period of six months. 5. In view of the fairness of the counsel for respondents no.5 and 6, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents within a period of three months from today and the balance shall be paid within a period of six months. In case the amount is not paid within the time as granted, the respondents no.5 and 6 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization. 6. With the said observations, the writ petition stands disposed of. Order Date :- 20.2.2025/Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench