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2025 DAILYLAW 153310 (ALL)

UMASHANKAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. IRRIGATION AND WATER RESOURCES DEPTT. LKO. AND 5 OTHERS

WRIA/8116/2025 · 2025-07-25

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42856 Court No. - 18 Case :- WRIT - A No. - 8116 of 2025 Petitioner :- Umashankar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation And Water Resources Deptt. Lko. And 5 Others Counsel for Petitioner :- Suresh Chandra Yadava,Pallavi Borgohain,Prashant Kumar Chaurasia,Purshottam Chaurasia Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties. 2. Petition has been filed seeking following reliefs:- "(i). to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to sanction/make payment of final pension, gratuity, G.I.S. and leave encashment amount to the petitioner in the pay scale of Rs.56100 - 177500 at par (Matrix Level 10) (old pay scale Rs. 15600 - 39100, Grade Pay 5400), as last pay drawn. (ii). to issue a writ or direction in the nature of Mandamus commanding the opposite parties to make payment of interest @ 18% on delayed of final pension, gratuity, G.I.S. and leave encashment amount from the date the same is due till the date of payment." 3. It has been submitted that despite the fact that petitioner has superannuated from service on 29.2.2024, only provisional pension has been sanctioned, despite the fact that there is no inquiry pending against him. 4. Since consideration of petitioner's grievance would entail factual aspect, liberty is granted to file fresh representation before respondent no. 3 i.e., Chief Engineer, Irrigation Department, Varanasi Zone, Sigra City, District Varanasi or any other competent authority, who shall consider and decide the same in accordance with law expeditiously within a period of six weeks from the date a certified copy of the order is served upon him. 5. It is made clear that in case the petitioner is found entitled for the aforesaid benefits, the actual payment shall be ensured by the opposite parties within a period of six weeks thereafter. 6. With the aforesaid observations/directions, petition stands disposed of. Order Date :- 25.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench