Neutral Citation No. - 2025:AHC-LKO:16982 Court No. - 3 Case :- WRIT - A No. - 3206 of 2025 Petitioner :- Dinesh Pratap Singh Respondent :- U.P. Cooperative Federation Ltd. Thru. Managing Director And Another Counsel for Petitioner :- Shishir Chandra Counsel for Respondent :- Shireesh Kumar Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shishir Chandra, learned counsel for the petitioner and Sri Anindya Shastri, learned counsel, who has filed his Vakalatnama, in Court today, on behalf of the opposite parties, which is taken on record. 2. With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided. 3. Instant writ petition has been filed praying for making payment of gratuity, earned leave encashment as well as interest at the rate of 12 percent on delayed payment of gratuity and refund of security deposit. 4. The contention of learned counsel for the petitioner is that the post retiral benefits as claimed in the petition have been denied to the petitioner only on the ground that disciplinary proceedings and audit objections were pending against the petitioner. The submission of learned counsel for the petitioner is that the same is not permissible in terms of Regulation 91 of U.P. Co-operative Federation Service Regulations, 1980 read with Section 4 of the Payment of Gratuity Act, 1972. It is also argued that the issue was decided by this Court in the case of Shiv Shankar Rawat vs. Provincial Co-operative Federation U.P. Lko. Thru. M.D. and Another passed in Writ A No.855 of 2023 decided on 22.02.2023 as well as in the case of Hari Shankar Pandey vs. Provincial Co-operative Federation of U.P. Thru. Managing Director and Another passed in Writ A No.8377 of 2022 decided on 03.01.2023. 5. Learned counsel for the petitioner has stated that the petitioner retired from the post of District Manager, UP-PCF, Deoria on 28.02.2022, but till date, he has not been paid the amount of gratuity and leave encashment and being a retired employee he has got no other source of income, therefore, the petitioner and his family have been suffering irreparable loss. 6. Considering the aforesaid submission and the case laws so cited, I hereby dispose of this writ petition finally at the admission stage, without entering into merits of the issue, giving liberty to the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the Managing Director, Uttar Pradesh Co-operative Federation Ltd, 32-Station Road, Lucknow within a period of two weeks from today taking all pleas and grounds which are available with him claiming his admissible dues and if such representation is preferred by the petitioner, the same shall be considered and decided, strictly in accordance with law, by speaking and reasoned order and also in the light of the judgments and orders passed in the identical matters withing a period of eight weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof shall be intimated to the petitioner forthwith. 7. It is needless to say that if there is no legal impediment, the payment of gratuity and leave encashment along with interest on delayed payment shall be paid to the petitioner within the aforesaid period. 8. Accordingly, the instant writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 25.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench