KAILASH NATH PANDEY v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND ANOTHER
WRIA/5164/2025 · 2025-05-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139453 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27431 Court No. - 18 Case :- WRIT - A No. - 5164 of 2025 Petitioner :- Kailash Nath Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And Another Counsel for Petitioner :- Ranjana Agnihotri,Aparna Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 and 2. By this petition, the petitioner has prayed for the following relief:-
"A) A writ order or direction in the nature of mandamus be issued commanding the opposite parties, for making payment of pension and other post retiral dues to the petitioner, forthwith as admissible under Law, including gratuity, provident fund etc. and any other benefit that the petitioner qualifies for. B) A writ order or direction in the nature of mandamus be issued commanding the opposite parties for making payment of interest on the amount of pension and other dues as admissible under law which have been withheld by the opposite parties without any rhyme or reason."
Learned counsel for the petitioner submits that after 37 years of service on the post of Seasonal Collection Amin in Tehsil Kadipur, District Sultanpur, the petitioner retired from his post on 31.01.2009, in support of his contention he has relied on the judgments passed by a Division Bench of this Court in Gulaichi Devi vs. State of U.P. reported AIR OnLine 2019 All. 1742 and further by Hon'ble Apex Court in Prem Singh vs. The State of Uttar Pradesh reported in AIR 2019 SC 4390. The cause of action for filing this petition is recurring one and,
therefore, the respondents may be directed to give regular pension as well as other pensionary benefits to him. Sri Vijay Bajpai, learned standing counsel although has opposed the contention and has submitted that there is delay of 15 years however, he submits that the decision may be taken on the case of the petitioner. Considering the above arguments advanced by the parties so also the judgment passed by Division Bench of this court in Gulaichi Devi (supra) as well as by Hon'ble Apex Court in Prem Singh (supra) , the petition is disposed of with liberty to the petitioner to move a fresh representation to respondent no.2 i.e. District Magistrate, Sultanpur within two weeks' from today. If the petitioner submits a fresh representation, the respondent no.2 shall decide the same within four weeks' thereafter, by passing a speaking and reasoned order.
Order Date :- 9.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench