ABRAR AHMAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. URBAN DEVELOPMENT LKO. AND 3 OTHERS
/7836/2025 · 2025-08-05
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[ 2025 DAILYLAW 152215 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152215 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45345 Court No. - 4 Case :- WRIT - A No. - 7836 of 2025 Petitioner :- Abrar Ahmad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Lko. And 3 Others Counsel for Petitioner :- Mohammad Ehtesham Khan Counsel for Respondent :- C.S.C.,Rishabh Kapoor Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents-State and Shri Krishna Vishwakarma holding brief of Shri Rishabh Kapoor, learned counsel appearing on behalf of respondents No.2 to 4.
2. With the consent of the parties, the matter is being decided finally.
3. Contention of the learned counsel appearing for the petitioner is that despite the petitioner having retired on 30.06.2023, his arrears of pension as well as regular pension is not being paid to him.
4. On the other hand, Shri Krishna Vishwakarma holding brief of Shri Rishabh Kapoor, learned counsel appearing on behalf of respondents No.2 to 4 states that on account of financial crunch with which the Jal Nigam is seized, it would not be possible to pay arrears of pension as well as regular pension to the petitioner.
5. Thus, it emerges that on account of financial crisis with which the Jal Nigam is seized, regular pension as well as arrears of pension is not being paid to the petitioner.
6. Whether the ground of financial crunch is considered a valid ground for non payment of pension and other retiral dues has already engaged attention of this Court in the Writ A No.7811 of 2024 In Re Shiv Nath Singh & 2 Ors vs State of U.P. & 2 Ors, as affirmed by the Division Bench of this Court in Special Appeal Defective No.208 of 2025 In Re U.P. Jal Nigam (Urban) & Anr vs Shiv Nath Singh & Ors wherein this Court has held that financial crunch cannot be a valid ground for non payment of retiral dues.
7. Keeping in view the aforesaid, the writ petition is allowed. A writ of mandamus is issued commanding the respondents to pay arrears of pension as well as regular payment of pension every month along with D.A. with admissible interest within a period of four weeks from the date of receipt of a certified copy of this order. Order Date :- 5.8.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench