SMT. RAM DULARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 3 OTHERS
WRIA/5118/2025 · 2025-05-09
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139091 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27389 Court No. - 3 Case :- WRIT - A No. - 5118 of 2025 Petitioner :- Smt. Ram Dulari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Deptt. Lko. And 3 Others Counsel for Petitioner :- Ajay Sharma,Vijay Sharma Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Ajay Sharma, learned counsel for the petitioner, Sri P.K. Singh, learned Addl. Chief Standing Counsel for opposite parties Nos. 1 & 2 and Sri Sriniwas Bajpai, learned counsel, who has accepted notice for opposite party Nos. 3 & 4. 2. Attention has been drawn towards the order dated 04.04.2025 passed by this Court in Writ-A No. 3441 of 2025; Ram Ratan vs. State of U.P. and 3 others, which reads as under:-
"1. Heard Sri Ajay Sharma, learned counsel for the petitioner, Sri Permanand Asthana, learned counsel for opposite parties No. 1 & 2 and Sri Sriniwas Bajpai, learned counsel for the opposite parties No. 3 & 4. 2. With the consent of learned counsel for the parties, the writ petition is being finally decided. 3. Instant writ petition has been filed praying for the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding to the opposite party no. 4 / Executive Officer, Class-I, Nagar Palika Parisad, Sitapur to expeditiously make payment of post retiral dues i.e. amount of Gratuity, leave encashment, arrears of two months pension (August, 2024 and September, 2024), arrears of A.C.P. and Bonus along with interest @ 8% up to the actual date of payment to the petitioner."
4. Sri Sriniwas Bajpai, learned counsel appearing on behalf of the respondents no.3 and 4 fairly states that on account of paucity of funds, the dues have not been paid which shall be paid positively within a period of six months from today. It is further argued that part payment of the 1/4 of the total dues shall be paid to the petitioner within a period of three months and the balance shall be paid within a period of six months. 5.
In view of the fairness of the counsel for respondents no.3 and 4, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents
within a period of three months from today and the balance shall be paid within a period of six months. In case the amount is not paid within the time as granted, the respondents no.3 and 4 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization. 6. With the said observations, the writ petition stands disposed of."
3. Learned counsel for the petitioner has stated that the present writ petition may be decided in terms of the aforesaid order. 4. By means of this petition, the petitioner has prayed for following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 4 / Executive Officer, Class-I, Nagar Palika, Sitapur to expeditiously make payment of post retiral dues i.e. amount of Gratuity, leave encashment, arrears of pension (March, 2016 to November, 2019), arrears of A.C.P. arrears of enhanced D.a. and Bonus along with interest @ 8% up to the acutal date of payment to the petitioner."
5. Having considered the prayer of the writ petition and the order dated 04.04.2025 in re: Ram Ratan (supra), I hereby dispose of this petition finally in terms of the aforesaid order. 6. In view of the above, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents within a period of three months from today and the balance shall be paid within a period of six months. In case the amount is not paid within the time as granted, the respondents no.3 and 4 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization. 7. With the said observations, the writ petition is
disposed of. . [Rajesh Singh Chauhan, J.]
Order Date :- 9.5.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench