Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 155840 (ALL)

SRI. SHAKEEL AHMAD v. STATE OF U.P. THRU. CHIEF SECY., GOVT. OF U.P., LUCKNOW AND 3 OTHERS

/8707/2025 · 2025-08-05

Abdul Moin

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45337 Court No. - 4 Case :- WRIT - A No. - 8707 of 2025 Petitioner :- Sri. Shakeel Ahmad Respondent :- State Of U.P. Thru. Chief Secy., Govt. Of U.P., Lucknow And 3 Others Counsel for Petitioner :- Pravin Kumar Verma,Vibhu Shankar 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 respondents no.1 and 2, and Sri Rajeev Kumar Sinha, learned counsel appearing for respondents no.3 and 4. 2. With the consent of learned counsels for the parties, the writ petition is being decided finally. 3. The petitioner is before this Court praying for a mandamus seeking payment of outstanding arrears of salary due to him since July, 2021 till February, 2024 as specifically stated in paragraph 1 of the writ petition. 4. Sri Rajeev Kumar Sinha, learned counsel for respondents no.3 and 4, states that on account of financial crunch with which the Corporation is seized it has not been found feasible to pay the outstanding arrears of salary although the matter has already been sent to the State Government for either a soft loan or making necessary arrangements for fund so that arrears of salary can be paid. 5. The question as to whether on account of financial crunch with which a Corporation is seized can entail it to not pay the legitimate dues to its employees is no longer res-integra having been considered by this Court in Writ-A No.7811 of 2024 in re: Shiv Nath Singh & 2 others vs. State of U.P. and 2 others, as affirmed by the Division Bench of this Court in Special Appeal Defective No.208 of 2025 in re: U.P. Jal Nigam (Urban) and another vs. Shiv Nath Singh and others, wherein the ground of financial incapacity has been rejected. 6. Keeping in view the aforesaid, the writ petition is allowed. A writ of mandamus is issued commanding the respondents no.3 and 4 to ensure the outstanding amount of salary to the petitioner which amount shall be paid within a period of three months from the date of receipt of a certified copy of this order. Order Date :- 5.8.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench