ARVIND KUMAR DUBEY v. STATE OF U.P. THRU. ITS ADDIT. CHIEF. SECY./ PRIN. SECY. DEPTT. OF NAGAR VIKAS, LKO. AND OTHERS
/8520/2022 · 2025-01-27
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167529 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167529 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5190 Court No. - 5 Case :- WRIT - A No. - 8520 of 2022 Petitioner :- Arvind Kumar Dubey Respondent :- State Of U.P. Thru. Its Addit. Chief. Secy./ Prin. Secy. Deptt. Of Nagar Vikas, Lko. And Others Counsel for Petitioner :- Hemant Kumar Mishra,Arti Ganguly Counsel for Respondent :- C.S.C.,Ved Prakash Sharma Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 to 4 and Shri Ved Prakash Sharma, learned counsel for the respondent nos. 5 and 6. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. The instant writ petition has been filed praying for following main reliefs:
"a) To issue a writ order or direction in the nature of MANDAMUS commanding the Opposite Party No. 1, 2, 3, 5 and 6 to forthwith release the arrears of pension for the last 8 months amounting Rs. 1,72,000/- and also ensure regular pension to the Petitioner may not be retained. (b) To issue a writ order or direction in the nature of MANDAMUS commanding the Opposite Party No. 1,2,3, 5 and 6 to forthwith release the gratuity amount of Rs. 6,60,540/- to the Petitioner." Contention of learned counsel for the petitioner is that despite the petitioner being retired on attaining the age of superannuation on 31.12.2018 from the office of respondents no. 5 and 6, the entire retiral dues have still not been paid till date. Shri Ved Prakash Sharma, learned counsel for the respondent nos. 5 and 6 states that as and when the funds are received from the State Government, an equitable distribution is made towards the payment of dues to the retired employees and serving employees and it is not found feasible to pay entire dues to the petitioner on account of not having sufficient budget. It is settled proposition of law that lack of financial resources cannot be said to be a reasonable ground for not paying dues to the employees. Considering the aforesaid, the writ petition is disposed of with direction to the respondents no. 5 and 6 i.e. Chairman, Town Area Musafirkhana, District - Amethi and Executive Officer, Town Area Musafirkhana, District - Amethi, respectively, to pay the outstanding dues to the petitioner within a period of six weeks from the date of receipt of certified copy of this order.
Order Date :- 27.1.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench