HARI PRAKASH SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. SECDY. EDUCATION LKO. AND 5 OTHERS
WRIA/5079/2025 · 2025-07-02
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138805 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37300 Court No. - 5 Case :- WRIT - A No. - 5079 of 2025 Petitioner :- Hari Prakash Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Secdy. Education Lko. And 5 Others Counsel for Petitioner :- Umesh Kumar Srivastava,Aakchad Nath,Nirmit Srivastava,Shashwat Srivastava Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1 to 4.
2. No notice be issued to respondent no. 5 and 6 taking into
consideration the nature of order proposed to be passed.
3. The contention of learned counsel for the petitioner is that despite the petitioner having retired on attaining the age of superannuation on 31.03.2024 from the post of headmaster of respondent no. 5 institution his post retiral dues have not been paid till date and hence the prayer for payment of retiral dues alongwith interest.
4. Once an employee is retired there cannot be any occasion to withhold the retiral dues unless there is some legal impediment.
5. Considering the aforesaid the writ petition is disposed of with a direction to the competent authority who is said to be the Deputy Director of Secondary Education, Lucknow i.e. respondent no. 3 to release the post retiral dues of petitioner in accordance with law and relevant rules provided there is no legal impediment.
6. Let retiral dues be released within a period of six weeks from the date of receipt of a certified copy of this order.
7. While releasing retiral dues the respondent authority shall also consider payment of interest on delayed payment of retiral dues.
Order Date :- 2.7.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench