HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7345 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for the petitioner, learned counsel for the opposite party. 2. Learned counsel for the petitioner is permitted to correct the date of superannuation of the petitioner's late husband in the prayer clause of the petition. 3. This petition has been filed with the following main prayers: "(i) To issue a writ order or direction in the nature of mandamus directing and commanding the opposite parties to release the payment of entire post retiral dues like as GPF, Gratuity, Insurance, etc. including family pension in favour of the petitioner along with delayed interest of 18 percent per annum on account of the superannuation of the husband of the petitioner from service on 31.12.2020 now died on 04.09.2021. (ii) To issue a writ order or direction in the nature of mandamus directing and commanding the opposite parties to ensure/make the payment of entire dues/ arrears of the husband of the petitioner in lieu of his death likewise IInd and IIIrd ACP, arrears of salary remain unpaid for suspension period commenced from 20.08.2014 to November, 2014 as well as increment and salary for earned leave for the period of 19.08.2019 of 31.08.2019 which are remain unpaid with in stipulated period." 4. Learned State Counsel has filed a counter-affidavit, which is taken on record, and as per which it has been admitted that no departmental proceedings were pending against late husband of the petitioner, but he submits on the basis of paragraph-16 of the counter-affidavit, that cases relating to settlement of the Special Audit Reports for the years 2016-17, 2017-18 and 2018-19 have been placed before the Hon'ble Legislative Assembly's Panchayat Raj Committee and their resolution is currently under consideration. It is also stated that in the special audit case for the year 2018-19 concerning Gram Panchayat where the petitioner's husband Versus Counsel for Petitioner(s) : Satya Prakash Mishra, Brijesh Kumar Counsel for Respondent(s) : C.S.C. Suman Devi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Panchayati Raj U.P. Lko. And 6 Others .....Respondent(s) was posted, surcharge liability amounting to Rs. 23,72,058.00 has been indicated in the audit-report. It is also stated that upon settlement of surcharge, the gratuity amount payable to the petitioner would be Rs. 11,29,392.00, with earned leave amounting to Rs. 6,45,840.00, totaling Rs. 17,75,232.00, which will be paid to the petitioner. 5. Considering submissions of the learned State counsel, it is evident that the petitioner's husband, late Durga Shankar Bajpai, superannuated from service on December 31, 2020, and during his lifetime, no departmental proceedings ever took place with regard to any allegation, nor was any punishment order passed. It is also admitted that late Durga Shankar Bajpai has since passed away. 6. From the aforesaid facts, therefore, it is evident that since no departmental proceedings ever took place during the lifetime of petitioner's husband, in the considered opinion of this Court, benefits as sought by petitioner cannot be withheld by the opposite parties merely on the basis of some audit reports. 7. In view of discussion made hereinabove, a writ in the nature of Mandamus is issued commanding the opposite parties to release all outstanding post-retirement dues of late Durga Shankar Bajpai to the petitioner, including dues such as G.P.F., Gratuity, insurance, etc., including family pension. Opposite parties shall also consider the grant of the benefit of second and third ACP and arrears of salary for the suspension period from August 20, 2014, till November 2014, as well as increment and salary for earned leave for the period from August 19, 2019, till August 31, 2019, expeditiously within a period of eight weeks from the date a certified copy of this order is served upon the concerned authority. Payment of retirement benefits, as indicated herein above, shall be ensured within a period of six weeks from the date a certified copy of this order is served upon the authority concerned. The petitioner shall also be entitled to interest at the rate of 6% per annum with regard to the benefits indicated in prayer No. 1 from the date it fell due till the date of actual payment. In view of the aforesaid directions, this writ petition succeeds and is allowed. parties shall bear their own costs. August 13, 2025 A.Nigam WRIA No. 7345 of 2025 2 (Manish Mathur,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench