Neutral Citation No. - 2025:AHC-LKO:34270 Court No. - 3 Case :- WRIT - A No. - 5785 of 2025 Petitioner :- Sunit Saxena Respondent :- State Of U.P. Thru. Addl. Chief Secy. Irrigation And Water Resources Deptt. Lko. And 5 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner as well as Shri Sandeep Chandra, learned Standing Counsel for the respondents-State. 2. With the consent of the parties, the matter is being decided finally. 3. Instant writ petition has been filed praying for a writ of mandamus commanding the respondents No.5 & 6 i.e. Director, Pension and the Additional Director (Treasury and Pension) to finalize the pension and post retiral dues such as Gratuity, Fund, Bonus, Sanrashikaran etc. 4. Contention of the learned counsel for the petitioner is that the petitioner has retired on attaining the age of superannuation on 30.11.2023 while working as Senior Assistant. Initially, the petitioner had been appointed on Daily Wage basis. The competent authority, who is said to be Chief Engineer of the Irrigation Department vide order dated 22.06.2009, a copy of which is Annexure-9 to the petition, had regularized the services of the petitioner retrospectively w.e.f. 09.07.1998. 5. Subsequent to the retirement of the petitioner on 30.11.2023, he staked his claim for being paid the pension and other retiral dues as detailed above, yet no dues has been paid till date which constrained the petitioner to approach this Court by means of the instant writ petition. 6. This Court vide order dated 23.05.2024 had required the learned Standing Counsel to seek instructions in the matter. 7. Today, Shri Sandeep Chandra, learned Standing Counsel has indicated on the basis of instructions dated 02.06.2025 sent by Joint Director (Treasury and Pension) on behalf of respondents No.5 & 6, that as the regularization order of the petitioner cannot be said to be in accordance with law consequently the petitioner is not entitled for any benefit. The said instructions are taken on record. 8. Aforesaid instructions are found to be patently fallacious and misconceived. The reason is that the petitioner has been regularized by the competent authority vide the order dated 22.06.2009 with effect from 09.07.1998. It is not the case of the respondents more particularly respondents No.5 & 6 that the aforesaid regularization order has been cancelled or withdrawn meaning thereby the said regularization still stands good as of date i.e. the petitioner has been regularized with effect from 09.07.1998. 9. Considering the regularization of petitioner with effect from 09.07.1998 it emerges that the petitioner has rendered more than 25 years of regular service having retired on 30.11.2023. Once the petitioner has rendered a long period of service and the regularization order still stands good as of date consequently the ground as indicated on behalf of the respondents No.5 & 6 for non payment of pension and other retiral dues cannot be said to be legally unsustainable in the eyes of the law. 10. Keeping in view the aforesaid discussion, the writ petition is allowed. 11. A writ of mandamus is issued to the respondents No.5 & 6 to finalize the pension and post retiral dues of the petitioner taking into consideration the regularization of the petitioner with effect from 09.07.1998 vide his regularization order 22.06.2009 stands good as of date. Let aforesaid dues along with admissible interest be paid to the petitioner, which dues would be paid within a period of 6 weeks from the date of receipt of a certified copy of this order. Order Date :- 3.6.2025/prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench