HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7835 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Short counter affidavit filed today by Sri Shailendra Srivastava, Advocate on behalf of the respondent No.2 is taken on record. 2. Learned counsel for the petitioner states that he does not intend to file any reply to the same and prays that the matter may be heard and decided finally and accordingly, this Court proceeds to hear and decide the matter finally. 3. Admittedly, the petitioner retired on attaining the age of superannuation on 31.07.2020 from the post of Chief Engineer while working under respondent No.2, yet his retiral dues have not been paid and hence the petition praying for a mandamus commanding the respondents to pay the retiral dues along with admissible interest. 4. Sri Shailendra Srivastava, learned counsel appearing for the respondent No.2, on the basis of the averments contained in the short counter affidavit, has argued that an amendment in Regulation 51 of the Uttar Pradesh Cooperative Sugar Factories Federation Ltd. Employees Service Regulations, 1988, has been made on 07.02.2025 vide the notification of even date, a copy of which is annexure SCA-1 to the short counter affidavit, per which sub-Rule (5) and sub-Rule (6) have been added after sub-Rule (4) of Regulation 51. In pursuance thereof, the disciplinary proceedings in force against the employees on the date of their retirement shall not be affected Versus Counsel for Petitioner(s) : Amit Kumar Singh Counsel for Respondent(s) : C.S.C., Sri Shailendra Srivastava Arvind Pratap Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Sugar Industry And Cane Development Lko. And Another .....Respondent(s) and shall be brought to a logical conclusion and the financial loss involved in such cases can be recovered from the retiral dues of the employee concerned as per rules. 5. The contention is that once the aforesaid amendment in the Rules has been incorporated, consequently, the respondents are within their right to continue the disciplinary proceedings which were pending against him at the time of his retirement even after the retirement of the petitioner as the amendment in the Rules dated 07.02.2025 would have retrospective effect and as such, the petitioner cannot be paid his retiral dues. 6. The aforesaid argument of Sri Srivastava is found to be patently fallacious. 7. This aspect of the matter has been considered threadbare by the Hon'ble Supreme Court in the case of Dev Prakash Tewari vs. Uttar Pradesh Cooperative Institutional Service Board, Lucknow and others, (2014) 7 SCC 260 and Bhagirathi Jena vs. Board of Directors, O.S.F.C. and others, (1999) 3 SCC 666, whereby it has been held that there cannot be any inquiry after retirement against the employees of the U.P. Cooperative Sugar Factories Federation Limited. 8. Admittedly, the petitioner is an employee of the U.P. Cooperative Sugar Factories Federation Limited. 9. The only enabling provision under which the respondents can continue an inquiry after the retirement of an employee has only been introduced by means of an amendment in the Rules on 07.02.2025. Once the petitioner already stood retired on 31.07.2020, obviously his case was to be considered in accordance with the rules which were then prevailing which did not provide for continuing the enquiry after retirement and once the only enabling provision enabling the respondents to continue with the inquiry has only been introduced on 07.02.2025, consequently, the same cannot have retrospective effect. 10. Keeping in view the aforesaid discussion, the writ petition is allowed. 11. A writ of mandamus is issued, commanding the respondents to WRIA No. 7835 of 2025 2 pay the retiral dues of the petitioner within a period of eight weeks from the date of receipt of a certified copy of this order. As the retiral dues have been withheld by the respondents without there being any enabling provision enabling them to withhold the said dues, as such, the respondents would also pay interest at the rate of 7% per annum from the date the retiral dues fell due till the date of actual payment. September 19, 2025 cks/- WRIA No. 7835 of 2025 3 (Abdul Moin,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench