SHAMBHU NATH SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF COOPERATIVE CIVIL SECTT. LKO AND 3 OTHERS
WRIA/4470/2025 · 2025-04-24
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135738 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23730 Court No. - 18 Case :- WRIT - A No. - 4470 of 2025 Petitioner :- Shambhu Nath Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Civil Sectt. Lko And 3 Others Counsel for Petitioner :- I.M. Pandey Ist,Ajeet Verma Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. Through this petition, the petitioner seeks a direction to the opposite parties to release payment of pension with effect from August 2023. It has been submitted on behalf of the petitioner that after retiring from service on 21.07.2015, the petitioner was receiving pension under the U.P. Cooperative Societies Act,
1965. However, the the same was discontinued without any reason. It is not disputed that the issue involved in the present case has already been adjudicated in the case of Sushil Kumar Saraswat and five others vs. State of U.P. and others, decided in Writ-A No. 3052 of 2022. In that case, this Court, vide
judgment and order dated 03.02.2023, rejected the ground for the discontinuation of pension and directed the State Government to issue necessary sanctions for the release of funds to the Registrar, Cooperative Societies, U.P., Lucknow, so that payment of pension and arrears to the petitioners and other similarly situated retired employees may be paid. The operative part of the judgment in Sushil Kumar Saraswat (supra) is extracted below:-
"8. In light of the above, the writ petition is allowed. The respondent No. 1 is directed to pass necessary orders of sanctioning grant/money to the
Registrar-cum-Commissioner, Cooperatives, Lucknow who shall ensure that the petitioners and other similarly situated retired persons are given their pension regularly including arrears. The Registrar-cum- Commissioner, Cooperatives, Lucknow shall also ensure that the said grant is paid back in terms of Rule 21 -A." In view of the above, this petition is disposed of in terms of the
judgment and order dated 03.02.2023 passed in Sushil Kumar Saraswat (supra). The petitioner is entitled to receive the due pension and arrears in accordance with the aforementioned
judgment. Since the withholding of pension by the opposite parties is contrary to Articles 14 and 21 of the Constitution of India, it is further directed that the petitioner shall be entitled to interest at the rate of six percent per annum from the date the amount became due until actual payment.
Order Date :- 24.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench