HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10052 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed seeking direction to authority concerned to remit pension of petitioner from the month of June, 2021 till date and for payment of regular pension thereafter. 3. Learned counsel for petitioner submits that petitioner was employed on the post of Junior Clerk and superannuated in September, 2018 but regular pension is not forthcoming. 4. Learned State Counsel has been provided written instructions dated 30.08.2025, which are taken on record and as per which it is admitted that pension of petitioner was paid till May, 2021 whereafter it could not be paid due to paucity of funds. 5. Aforesaid explanation advanced by opposite parties is clearly in violation not only of Service Regulations but also as per Article 21 of the Constitution of India. 6. It is trite that vested right of pension of a superannuated employee cannot be withheld by employer on ground of paucity of funds. It is for the Department to arrange funds for payment of pensionary benefits to its employees. 7. In view of aforesaid, the reasoning advanced by opposite parties for non-payment of pension to petitioner is rejected. 8. Consequently, the opposite parties collectively are directed to Versus Counsel for Petitioner(s) : Daya Shankar Yadav Counsel for Respondent(s) : C.S.C. Subodh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Cooperative, Lucknow And 2 Others .....Respondent(s) ensure payment of arrears of pension to petitioner expeditiously within a period of six weeks from the date a certified copy of this order is served upon concerned authority along with interest at the rate of 6% per annum from the date it was due till the date of actual payment. Opposite parties shall also ensure continuous regular payment of pension to petitioner. The petition as such stands allowed at the admission stage itself. Parties to bear their own costs. September 4, 2025 kvg/- WRIA No. 10052 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench