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2025 DAILYLAW 161330 (ALL)

RAM PRAKASH SINGH v. STATE OF U.P. THRU. PRIN. SECY. CO-OPERATIVE DEPTT. LKO. AND 2 OTHERS

WRIA/9983/2025 · 2025-09-02

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9983 of 2025 Court No. - 8 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 concerned authority for payment of regular pension, arrears thereof, gratuity, leave encashment and other post-retiral dues to petitioner with regular payment of pension. 3. It has been submitted that petitioner has superannuated from service from the cooperative department on April 30, 2025, but the aforesaid benefits have not yet been paid. 4. Learned State Counsel has been provided written instructions dated July 26, 2025, which are taken on record and as per which, regular pension is being paid to petitioner but the other benefits could not be paid to petitioner on account of financial stringency being faced by the department. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of the material on record, it is thus admitted that petitioner was in substantive service with the cooperative department and has superannuated on April 30, 2025. The ground taken in the written instructions as financial stringency being faced by the department, cannot be a ground for denying the rights of petitioner particularly with regard to post- retirement benefits, which are not a bounty to be disbursed at the sweet will of employer. 6. In view thereof, the opposite parties collectively are directed to ensure payment of outstanding dues of petitioner expeditiously, within a period of Versus Counsel for Petitioner(s) : Manish Mani Sharma Counsel for Respondent(s) : C.S.C. Ram Prakash Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Co-Operative Deptt. Lko. And 2 Others .....Respondent(s) six weeks from the date a certified copy of this order is served upon the said authority and to ensure continued regular payment of pension. 7. With the aforesaid directions, the petition stands allowed at the admission stage itself. Parties to bear their own costs. September 2, 2025 prabhat WRIA No. 9983 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench