Neutral Citation No. - 2025:AHC-LKO:30104 Court No. - 3 Case :- WRIT - A No. - 5554 of 2025 Petitioner :- Ram Kumar Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko And 3 Others Counsel for Petitioner :- Satendra Nath Rai Counsel for Respondent :- C.S.C.,Kaushlendra Tewari Hon'ble Rajesh Singh Chauhan,J. Heard Sri Satendra Nath Rai, learned counsel for the petitioner, Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the opposite party no. 1, Sri Vikas Chandra, Advocate holding brief of Sri Kaushlendra Tewari, learned counsel for the opposite party nos. 2, 3 and 4. By means of this petition, the petitioner has prayed the following reliefs:- "1. To, issue Writ of Certiorari to quash the impugned order bearing No.393/2024-25 dated 31.05.2024 (Annexure No.1) passed by the Respondent No.2. 2. To, issue Writ of Mandamus directing Opp. Parties to pay all the Post- retiral Benefits (pertaining to Gratuity, Leave Encashment) to the Petitioner along with interest @ 18% with effect from the date of Petitioner attaining age of superannuation i.e. 31.07.2018. 3. To, issue Writ of Mandamus directing Opp. Parties to pay all arrears of salary after re-fixation of salary by providing annual increments granted by Headquarter (U.P. State, Food and Essential Commodities Corporation) and also providing benefit of 5th and 6th pay commission already granted to the employees of U.P. State, Food and Essential Commodities Corporation along with interest @ 18% with effect from the date of Petitioner attaining age of superannuation i.e. 31.07.2018. 4. To, issue Writ of Mandamus directing Opp. Parties to take decision regarding the re-fixation of post retiral dues (pertaining to gratuity, leave encashment) and accordingly re-fix his post retiral dues by providing annual increments granted by Headquarter and also providing benefit of 5th and 6th pay commission already granted to the employees of U.P. State, Food and Essential Commodities Corporation; 5. To, issue Writ of Mandamus directing Opp. Parties to take decision regarding the re-fixation of service dues (pertaining to gratuity, leave encashment with current D.A and accordingly re-fix his retiral dues." Learned counsel for the opposite party nos. 2 to 4 has drawn attention of this Court towards 'Uttar Pradesh Khad Evam Avashyak Vastu Nigam Aadarsh Aacharan Anushasan Appeal Niyamavali, 1992' referring Rule 42, which provides that the employee may file an appeal against the punishment order or against any order from which he/she is aggrieved within a period of one month and the appeal shall be decided within a period of three months. In the present case, the period of one month has already expired. Since, there is an statutory prescription to file an appeal before the appellate authority challenging the order impugned, therefore without entering into the merits of the issue and without interfering the impugned order, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer an appeal within a period of 15 days challenging the impugned punishment order taking all pleas and grounds which are available to him and if such appeal is filed, the same shall be considered and disposed of on merits ignoring the delay by speaking and reasoned order by affording opportunity of hearing to the petitioner with expedition preferably within a period of three months from the date the appeal is filed and decision thereof shall be intimated to the petitioner forthwith. Since, learned counsel for the petitioner has submitted that the petitioner has not been paid his post retiral dues after his retirement on 31.07.2018, therefore, in the meantime, the disciplinary authority may consider the grievance of the petitioner for making payment of those post retiral dues which cannot be withheld in any circumstances. The other benefits which can be considered by the disciplinary authority may also be considered strictly in accordance with law. Order Date :- 21.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench