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2025 DAILYLAW 149184 (ALL)

SMT. SAREMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. URBAN DEVELOPMENT DEPTT. U.P. LKO. AND 3 OTHERS

WRIA/7077/2025 · 2025-07-04

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37754 Court No. - 5 Case :- WRIT - A No. - 7077 of 2025 Petitioner :- Smt. Sarema Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Ajay Sharma Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Abdul Moin,J. 1. Heard the counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 2 and Sri Sriniwas Bajpai, learned counsel for the respondents 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, Nagar Palika Parisad, Sitapur to expeditiously make payment of Gratuity (Rs. 5,43,789/-), amount of Leave Encashment, arrears of pension (3 months), Bonus and arrears of enchanted D.A 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. However, Shri Bajpai states that the form which was required to be completed for payment of pension and insurance has still not been submitted by the petitioner. 5. Responding learned counsel for the petitioner states that aforesaid form shall positively be filled in and submitted within a period of one week along with a certified copy of this order. 6. 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. 7. With the said observations, the writ petition stands disposed of. Order Date :- 4.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench