Neutral Citation No. - 2025:AHC-LKO:41663 Court No. - 5 Case :- WRIT - A No. - 3713 of 2024 Petitioner :- Prem Shankar Shukla Respondent :- State Of U.P. Thru. Secy. Cane Development Lko And 5 Others Counsel for Petitioner :- Pashupati Nath Dwivedi Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Paramanand Asthana Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner, a retired employee who retired on attaining the age of superannuation on 31.07.2005 being an employee of respondent 6 i.e. U. P. Co-operative Cane Development Society is before this Court raising a challenge to the order dated 31.05.2023, a copy of which is annexure 1 to the writ petition, by which his claim for being paid the benefit of fifth pay commission and other consequential benefits has been rejected. 3. Admittedly, the petitioner retired on 31.07.2005. The fifth pay commission has only been accepted by office of Cane Commissioner and Registrar vide order dated 05.07.2019, a copy of which is annexure CA- 3 to the counter affidavit dated 18.07.2024, with effect from 05.07.2019 itself. The said circular categorically provides that fifth pay commission is being introduced with effect from the said dates and no arrears prior to the said dates would be payable and the justification given in the said circular is that the societies are self financed and self sustaining and it would not be possible to pay any arrears. 4. This order has prevailed on the respondents while rejecting the claim of the petitioner by means of the order impugned by contending that as fifth pay commission pay scales have been accepted with effect from 05.07.2019 consequently no arrears prior to the said dates would be payable and the petitioner would also not be entitled for being given the said pay scale as he retired prior to the said date. 5. No challenge has been raised to the order dated 05.07.2019 per which fifth pay commission has been introduced in the cane society with effect from 05.07.2019 and the petitioner retired prior to the said date is only aggrieved by the order by which his claim was rejected placing reliance on the order dated 05.07.2019. As such till such the time the order dated 05.07.2019 continues to subsist the petitioner would not be entitled for any benefit. 6. Considering the aforesaid, the writ petition is dismissed. Order Date :- 21.7.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench