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2025 DAILYLAW 124634 (ALL)

JAGDAMBA PRASAD TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. COOPERATIVE DEPTT. LKO. AND 3 OTHERS

WRIA/1441/2024 · 2025-04-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21177 Court No. - 18 Case :- WRIT - A No. - 1441 of 2024 Petitioner :- Jagdamba Prasad Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Cooperative Deptt. Lko. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Tiwari,Pankaj Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Heard Shri Awadhesh Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State- respondents. 2. Learned counsel for the petitioner submits that the petitioner is working on the post of Cooperative Kurk Amin since 1986 and has retired from service on 30.04.2015. After his retirement, the petitioner was getting pension as per U.P. Co- operative Societies Act, 1955 however, it has been stopped from June, 2024 without any reason or being without any order communicated to the petitioner thus, he has filed this petition with the following reliefs:- "(i) issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to pass necessary orders of sanctioning grant/ money to the Registrar cum Commissioner, Cooperatives Societies with direction to ensure the payment of regular pension of petitioner including arrears as well as the medical claim of petitioner forthwith. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure the payment of regular pension to the petitioner including arrear alongwith interest and compensate the petitioner on account of delayed payment of regular pension in view of settled principles of law." 3. Pursuant to the order passed by this Court, learned Standing Counsel has produced the instructions dated 29.02.2024 which is taken on record, in which basically it has been said that due to paucity of funds, the regular pension of the petitioner could not be paid but could not dispute the fact that this case is covered with the judgment and order passed by this Court in Writ A No. 5812 of 2022 (Rajaram Pal Vs. State of U.P. Thru. Prin. Secy. Co Operative Dept. Lko. and 4 others), which was allowed vide order dated 22.11.2022. 4. In view of the facts and circumstances of the case, this petition is also allowed in terms of judgment and order passed by this Court in Rajaram Pal (Supra). Order Date :- 15.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench