ASHOK KUMAR RAJAK v. STATE OF U.P. THRU. ADDL. CHIEF SECY. RURAL DEVELOPMENT DEPTT. LKO. AND 5 OTHERS
WRIA/4570/2025 · 2025-04-30
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136578 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24799 Court No. - 3 Case :- WRIT - A No. - 4570 of 2025 Petitioner :- Ashok Kumar Rajak Respondent :- State Of U.P. Thru. Addl. Chief Secy. Rural Development Deptt. Lko. And 5 Others Counsel for Petitioner :- Karunakar Srivastava,Shiv Sinha Counsel for Respondent :- C.S.C.,Anil Kumar Tripathi Hon'ble Rajesh Singh Chauhan,J. Heard Sri Karunakar Srivastava, learned counsel for the petitioner and Sri Brijendra Singh, learned Additional Chief Standing Counsel for opposite party nos. 1 to 4 and Sri Anil Kumar Tripathi, learned counsel for the opposite party nos. 5 and 6. By means of this petition, the petitioner has prayed the following relief:-
"I. Issue a writ, order or direction in the nature of "Mandamus" commanding the opposite parties to ensure the payment of entire post retiral dues of petitioner i.e. arrear of leave encashment, gratuity, arrear of A.C.P, arrear of 7th Pay Commission, arrear of dearness allowance, arrear of pension as well as some dues of GPF amount along with interest within stipulated period." Sri Srivastava has stated that despite the amount of gratuity having been sanctioned by Commissioner, Devi Patan Division, Gonda on 22.10.2024 (Annexure No. 2), the aforesaid amount has not been paid to the petitioner for the reason that the Executive Officer has retained the payment of the aforesaid amount on 22.11.2024 (Annexure No. 3).
Learned counsel for the Nagar Palika Parishad has stated that due to some financial constraints, the aforesaid dues could not be paid to the petitioner. He has submitted on the basis of instruction that those dues will be paid to the petitioner with expedition. Be that as it may, the retiral dues of the employee may not be stopped for any reason whatsoever and those payments should be given at the earliest inasmuch as after the retirement, the retiral dues are only source of livelihood of the retired employee and his family. Having heard the learned counsel for the parties and having
perused the material available on record, I find it appropriate that this writ petition be decided finally at the admission stage directing the opposite party nos. 5 and 6, i.e., Chairman, Nagar Palika Parishad, Gonda, District Gonda and Executive Officer, Nagar Palika Parishad, Gonda, District Gonda to make payment of one third retiral dues to the petitioner within thirty days, thereafter one third in the subsequent thirty days and remaining in the subsequent thirty days. To be clarified all retiral dues shall be given to the petitioner within a period of three months from reciept of certified copy of the order of this Court in a manner directed above. It is also directed if the retiral dues are not paid to the petitioner within the aforesaid period of three months, the petitioner would be entitled for the interest at the rate of 7%. The writ petition is accordingly disposed of.
Order Date :- 30.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench