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2025 DAILYLAW 143596 (ALL)

KUNWAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. COOPERATIVE DEPTT. U.P. LKO. AND 2 OTHERS

/6556/2025 · 2025-08-13

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47329 Court No. - 8 Case :- WRIT - A No. - 6556 of 2025 Petitioner :- Kunwar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. U.P. Lko. And 2 Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the petitioner, learned counsel for the State-opposite parties, and perused the material available on record. 2. This petition has been filed seeking a direction to concerned authority for payment of regular pension alongwith arrears with effect from September, 2023 alongwith interest and for regular payment. 3. Learned counsel for the petitioner submits that in similar circumstances one Shambu Sahai Srivastava, who is also a superannuated clerk of the same department filed Writ-A No. 4682 of 2025, Shambhu Sahai Srivastava v. State of U.P. & 2 ors., which was disposed of vide order dated 29.04.2025 and the petitioner being similarly situated, is required to be granted same benefit. 4. State Counsel has not been provided any instructions in this matter. 5. Upon consideration of submissions advanced by learned counsel for the petitioner and perusal of material on record, it appears that the petitioner was working in Cooperative Department prior to being superannuated from the post of Cooperative Clerk on 31.12.2019. It has been stated that regular pension is not being paid to petitioner due to shortage of funds. 6. Since instructions have not been provided to the learned State Counsel, liberty is granted to petitioner to file fresh representation before the opposite party No. 2/Registrar-cum- Commissioner, Cooperative Societies, Lucknow, who shall consider and decide the same in accordance with law, within a period of 6 weeks from the date a certified copy of this order is submitted before him. 7. In case, upon consideration of the representation, aforesaid, petitioner is found entitled for the aforesaid benefit in the light of judgment rendered in the case of Shambhu Sahai Srivastava (supra), payment thereof shall be ensured within a period of 6 weeks thereafter. 8. It is also directed that petitioner's representation shall not be rejected on the ground of lack of funds with the Cooperative Department. 9. With the above observations/directions this writ petition is disposed of. (Manish Mathur, J.) Order Date :- 13.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench