SHYAM LAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 3 OTHERS
WRIA/3824/2025 · 2025-04-11
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132667 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132667 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20799 Court No. - 3 Case :- WRIT - A No. - 3824 of 2025 Petitioner :- Shyam Lal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Deptt. Lko. And 3 Others Counsel for Petitioner :- Anup Kumar Mishra Counsel for Respondent :- C.S.C.,Mohd. Ali Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Anup Kumar Mishra, learned counsel for the petitioner, Sri Nitin Mathur, learned Additional Chief Standing counsel for opposite parties no. 1 and 2 andSri Mohd Ali, learned counsel for the respondents no. 3 & 4. 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 to the opposite party no. 4 / Executive Officer, Nagar Palika Parisad, Pratapgarh to expeditiously make payment of all post retrial dues i.e., amount of gratuity, leave encashment, arrears of ACP's, Bonus, arrears of enhanced D.A., arrears of pension (November, 2022 till the actual date of payment of pension) along with interest @ 8% up to the actual date of payment to the petitioner."
4. Learned counsel for the petitioner has submitted that due to typographical error in place of February, 2024, it has been indicated as November, 2022 in the prayer clause, therefore the aforesaid date may be treated as February, 2024. 5. Sri Mohd. Ali, learned counsel appearing on behalf of the respondents no.3 and 4 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.3 and 4, 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.3 and 4 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. . (Rajesh Singh Chauhan,J.)
Order Date :- 11.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench