MOHAMMAD AKBAL SIDDIKI v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS LKO. AND 5 OTHERS
WRIA/2384/2025 · 2025-02-28
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125868 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125868 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12096 Court No. - 5 Case :- WRIT - A No. - 2384 of 2025 Petitioner :- Mohammad Akbal Siddiki Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas 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 and
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:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties No.5 and 6 to release and make payment of the entire post-retiral dues of the petitioner, which includes the amount of gratuity, leave encashment, arrear of pension (with effect from 1.6.2024 to 1.10.2024), Bonus, arrears of enhanced D.A. etc., along with interest @12% per annum, on account of withholding the same illegally and arbitrarily and creating inordinate delay in payment in spite of issuance of P.P.O. dated 25.11.2024, 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 the penal interest as may be quantified by this Hon'ble Court over the entire pending dues for causing mental pain and harrassment and compelling the petitioner and his family members to face financial crunch condition in these sky rising high prices;"
4. Learned counsel for the petitioner states that marriage of daughter of the petitioner has been fixed but on account of lack of finance the marriage has still not taken place and thus special circumstances prevail in the instant case. 5. 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 argued 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. 6.
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 two months from today and the balance shall be paid within a period of four 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. 7. With the said observations, the writ petition stands disposed of. Order Date :- 28.2.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench