BHAIRAV SINGH v. STATE OF U.P. THRU. PRIN. SECY. U.P. HANDLOOM AND TEXTILE LKO. AND 3 OTHERS
WRIA/9978/2025 · 2025-09-09
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161397 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9978 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J.
1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Anchal Tiwari, learned counsel for the respondents no. 2 to 4. 2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 3. The grievance of the petitioner is that despite he having retired on 31.12.2020 while serving under the respondents no. 2 to 4, his retiral dues of Rs. 2,50,000/- has still not been paid. 4. Sri Tiwari, learned counsel for the respondents no. 2 to 4 states that on account of the precarious financial situation of the Corporation, it has not been found possible to make the payment of the retiral dues of the petitioner. Sri Tiwari suggests that the amount as due to the petitioner can be paid in installments. 5. The fact of the matter is that the petitioner has retired on 31.12.2000 and a period of more than four and half years have lapsed since the retirement. The only source of sustenance of the petitioner after his retirement (as no pension is payable to the employees of the Corporation) are retiral dues of which an amount of Rs. 2,50,000/- has still not been paid on account of financial crunch. 6. Whether the ground of financial crunch can be considered to be valid ground for non payment of pension and other retiral dues has already engaged the attention of this Court in the Writ A No.7811 of 2024 In Re Versus Counsel for Petitioner(s) : Narendra Pratap Mishra Counsel for Respondent(s) : C.S.C. Bhairav Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. U.P. Handloom And Textile Lko. And 3 Others .....Respondent(s)
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 retiral dues. Moreover, there cannot be any occasion for the respondents to pay the retiral dues to the petitioner in installments. 7.
Keeping in view the aforesaid, the writ petition is allowed. A writ of mandamus is issued commanding the respondents to pay the balance retiral dues to the petitioner which is Rs. 2,50,000/- along with admissible interest within a period of four weeks from the date of receipt of a certified copy of this order. September 9, 2025 Pachhere/- WRIA No. 9978 of 2025 2 (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench