Neutral Citation No. - 2025:AHC-LKO:21548 Court No. - 18 Case :- WRIT - A No. - 4140 of 2025 Petitioner :- Jai Prakash Pandey Respondent :- State Of U.P. Thru. Its Prin. Secy. Cooperative Lko. And 2 Others Counsel for Petitioner :- Daya Shankar Yadav Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Heard Sri Daya Shankar Yadav, learned counsel for the petitioner and Sri Vijay Bajpai, 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 of the petitioner from the month of October, 2023 to till date, 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 regular 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 Senior Clerk on 30.11.2021. After his retirement, he was getting pension but from the month of October, 2023, he has not received any pension. Attention has been drawn towards a letter dated 12.07.2024 preferred by Patal In-charge Collection, Cooperative, Agra addressing to the Assistant Commissioner/ Assistant Registrar, Cooperative, Agra indicating therein that the petitioner has not been paid his pension w.e.f. October, 2023 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 make payment of arrears of pension to the petitioner w.e.f. October, 2023 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% per annum, failing which the petitioner shall be entitled for the interest at the rate of 10% per annum 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. Order Date :- 17.4.2025 Reena/- (Karunesh Singh Pawar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench