VINOD KUMAR v. STATE OF U.P. THRU. PRIN. SECY. MINORITIES WELFARELKO. AND 5 OTHERS
WRIA/10372/2025 · 2025-09-11
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162742 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162742 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10372 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondents no.1 and 5, Sri Vaibhav Mishra, learned counsel for respondents no.2 to 4, and Sri Rajesh Kumar Verma, learned counsel, who files Vakalatnama on behalf of respondent no.6.
2. The grievance of the petitioner is that despite he having retired on 31.07.2024 from Class IV post the respondent Nigam has failed to make the payment of gratuity, leave encashment and arrears of pension and hence the prayer for payment of the aforesaid dues along with admissible interest.
3. On the other hand, Sri Vaibhav Mishra, learned counsel appearing for the Nigam states that on account of financial crunch with which the Jal Nigam is seized, it has not been found possible to pay the aforesaid dues to the petitioner. However, an endeavour is being made to the aforesaid amount in installments.
4. Whether the ground of financial crunch can be considered to be a valid ground for non payment of pension and other retiral dues has already engaged attention of this Court in the Writ A No.7811 of 2024 In Re 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.
5. Keeping in view the aforesaid, the writ petition is allowed. A writ of mandamus is issued commanding the respondents to make the payment of Versus Counsel for Petitioner(s) : Mohiuddin Khan, Mohd. Yasir, Mohd.Zaid Khan Counsel for Respondent(s) : C.S.C., Akhilesh Pratap Singh, Vaibhav Mishra Vinod Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Minorities Welfarelko. And 5 Others .....Respondent(s)
retiral dues along with arrears of pension within a period of two months from the date of receipt of a certified copy of this order. While making the payment of retiral dues the respondents shall also consider for grant of interest as admissible. September 11, 2025 A. Katiyar WRIA No. 10372 of 2025 2 (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench