Neutral Citation No. - 2025:AHC-LKO:45220 Court No. - 8 Case :- WRIT - A No. - 8580 of 2025 Petitioner :- Karuna Shankar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Lko. And 2 Others Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. Petition has been filed seeking a direction to authority concerned to provide funds to the Assistant Commissioner and Assistant Registrar, Cooperative Department, District Shahjahnpur for release of payment of due pension to petitioner from October, 2021 onwards along with interest. 3. From the record, it appears that petitioner attained the age of superannuation on 30.06.2017 as Junior Clerk in the Department whereafter pension due to him has not been paid since October, 2021. 4. Learned State counsel has been provided written instructions dated 26.07.2025, which are taken on record and as per which pension could not be paid to petitioner due to lack of funds with the cooperative departments. The instructions do not indicate any laxity on the part of petitioner or any inquiry pending against him. 5. The aforesaid aspect has been considered and decided by the Division Bench of this Court in the case of Shiv Shanker Mishra vs. State of U.P. & others, 2015(3) ALJ 551 in the following manner:- "6. The present case is an unfortunate instance where an employee has been left in the lurch after having rendered long years of service. Both the arrears on account of salary as well as pensionary dues have not been paid on time. When the appellant had moved a writ petition before the Court, an order was passed on 11 September 2013 directing the payment of the admitted arrears within four months and for immediate steps to determine the pensionary dues. This order was not complied with following which, he was constrained to file contempt proceedings. It is only thereafter that on 18 March 2014 the payment of arrears of salary from August 2010 until February 2013 was made. It was only then that the appellant was also paid arrears on account of gratuity, pension and other retiral dues. There was no reason or justification to withhold the payment of salary during the period when the appellant had worked when salary fell due for payment or for the non payment of pensionary and retiral dues, the latter within a reasonable period of retirement. There was no lapse on the part of the appellant. The paucity of funds cannot surely be held up as an excuse not to pay the salary of an employee who had worked for the period for which his salary is due. Similarly, pensionary dues constitute a rightful entitlement of an employee. The State cannot be heard to say that it would fail to pay the pension on time and yet excuse itself from the liability to pay interest. 7. In the case of State of Kerala Vs M Padmanabhan Nair and Som Prakash1, the Supreme Court held as follows: "Pension and gratuity are no longer any bounty to be distributed by the Government to its employees on their retirement but have become, under the decisions of this Court, valuable rights and property in their hands and any culpable delay in settlement and disbursement thereof must be visited with the penalty of payment of interest at the current market rate till actual payment." 6. Upon applicability of aforesaid judgment in the present facts and circumstance of the case, it being evident that laxity in payment of pension to petitioner is on account of lack of funds with the department, in the considered opinion of this Court, the same cannot be a ground to deny vested right of petitioner. It is for the department concerned to arrange funds for making payment of due rights of its employees. 7. In view thereof, the opposite parties are directed to ensure payment of pensionary benefits to petitioner along with arrears w.e.f October, 2021 and for continue payment thereof within a period of eight weeks from the date a certified copy of this order is served upon the authority concerned, who shall consider the aspect of payment of interest to petitioner for arrears within the same time period. 8. Resultantly, the writ petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. Order Date :- 5.8.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench