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2025 DAILYLAW 154878 (ALL)

MOHAMMAD ARISH KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AGRICULTURE LKO. AND 3 OTHERS

/8470/2025 · 2025-08-04

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44957 Court No. - 4 Case :- WRIT - A No. - 8470 of 2025 Petitioner :- Mohammad Arish Khan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Agriculture Lko. And 3 Others Counsel for Petitioner :- Ghulam Mohammad Kamil Counsel for Respondent :- C.S.C.,Rajeeva Kumar Sinha Hon'ble Abdul Moin,J. 1.Heard learned counsel for the petitioner, learned Standing Counsel for the respondent-State No.1 and Shri Rajeeva Kumar Sinha, 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. Instant petition has been filed praying for mandamus commanding the respondents to pay the arrears of salary to the petitioner commencing from March, 2021 up to May, 2024. 4. Shri Rajeeva Kumar Sinha, learned counsel appearing on behalf of respondents No.2 to 4 states that on account of financial crunch with which the Corporation is seized, it would not be possible to pay arrears of salary to the petitioner and others similarly circumstanced. 5. Whether the ground of financial crunch can be considered to be a valid ground for non payment of legitimate 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 dues. 6. Keeping in view the aforesaid, the writ petition is allowed. A writ of mandamus is issued commanding the respondent No.2 to ensure payment of the arrears of salary to the petitioner commencing from March, 2021 up to May, 2024 within a period of three months from the date of receipt of a certified copy of this order. Order Date :- 4.8.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench