Neutral Citation No. - 2025:AHC-LKO:11309 Court No. - 6 Case :- WRIT - A No. - 2157 of 2025 Petitioner :- Ramesh Singh Rathore Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Govt. Of U.P. Lko And 2 Others Counsel for Petitioner :- Daya Shankar Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Daya Shankar Yadav, learned counsel for the petitioner and Sri Sandeep Sharma, 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 and post retiral dues to the petitioner from the month of June, 2022 to till date and pay regular pension month to month, 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 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 retired from the post of Sahyogi (Collection) on 31.05.2022. After his retirement, he was getting pension but from the month of June, 2022, he has not received any post retiral service dues. Attention has been drawn towards a letter dated 12.07.2024 preferred by Patal In-charge Collection, Cooperative, Moradabad addressing to the Assistant Commissioner/ Assistant Registrar, Cooperative, Moradabad indicating therein that the petitioner has not been paid his service dues and pension w.e.f. June, 2022 due to paucity of funds. 4. Having considered the aforesaid contention and letter dated 12.07.2024, 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. Therefore, the writ petition is allowed. 6. Opposite party no. 3 is directed to continue to make payment of arrears of pension and post retireal service dues to the petitioner w.e.f. June, 2022 till date, with expedition, preferably within a period of six weeks from the date of receipt of certified copy of this order with interest at the rate of 6% p.a., failing which the petitioner shall be entitled for the interest at the rate of 10% p.a. on the delayed payment. Opposite party no. 3 is also directed to ensure that the petitioner is paid his regular pension as and when the same falls due. 7. No order as to costs. (Alok Mathur, J.) Order Date :- 21.2.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench