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2025 DAILYLAW 162014 (ALL)

CHANDRA PRAKASH BAJPAI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 3 OTHERS

WRIA/10071/2025 · 2025-09-02

Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10071 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard the counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 2 and Sri Sriniwas Bajpai, learned counsel for the respondents no. 3 & 4. 2. With the consent of learned counsel for the parties, the writ petition is being finally decided. 3. Instant writ petition has been filed praying for the following main relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding to the opposite party no. 4/Executive Officer, Nagar Palika Parisad, Sitapur to expeditiously make / release all admissible post retiral dues i.e. amount of gratuity, leave encashment, arrears of A.C.P., arrears of three month Pension (February-2025 to April-2025), arrears of enhancement D.A. and bonus along with interest @ 8 % up to actual date of payment to the petitioner, in the interest of justice." 4. Sri Sriniwas Bajpai, learned counsel appearing on behalf of the respondents no.3 and 4 fairly states that on account of paucity of funds, the dues have not been paid which shall be paid positively within a period of six months from today. It is further argued that part payment of the 1/4 of the total dues shall be paid to the petitioner within a period of three months and the balance shall be paid within a period of six months. Versus Counsel for Petitioner(s) : Neeraj Kumar Mishra, Saurabh Mishra Counsel for Respondent(s) : C.S.C., Sriniwas Bajpai Chandra Prakash Bajpai .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Urban Development Deptt. Lko. And 3 Others .....Respondent(s) 5. In view of the fairness of the counsel for respondents no.3 and 4, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents within a period of three months from today and the balance shall be paid within a period of six months. In case the amount is not paid within the time as granted, the respondents no.3 and 4 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization. 6. With the said observations, the writ petition stands disposed of. September 2, 2025 cks/- WRIA No. 10071 of 2025 2 (Abdul Moin,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench