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Allahabad High Court · body

2025 DAILYLAW 167933 (ALL)

AHSANUZZAMAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. U.P. COOPERATIVE SOCIETIES LKO. AND 2 OTHERS

WRIA/11699/2025 · 2025-09-26

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11699 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. The present petition has been filed claiming that despite retirement, the respondents did not pay the service and post retiral dues to which the petitioner was entitled. 2. It is argued that no inquiry is pending against the petitioner and thus, no reason exists for non-payment of the service and post retiral dues. 3. Considering the fact that the petitioner retired on 30.04.2019 and no reason exists on record as to why the dues have not been paid, there is no reason why the petition should not be allowed. 4. The said defense is clearly not envisaged under Section 4(6) of the Payment of Gratuity Act and there is no provision even in the service rules to deny the benefit of leave encashment. 5. In view thereof, the writ petition is allowed. 6. Respondents are directed to pay the service and post retiral dues to which the petitioner is entitled, along with interest at the rate of 7% per annum after 30 day of the retirement till actual payment/realization, within a period of two months from the date of production of a certified copy of this order. 7. This order has been passed in the presence of Shri Alok Sharma, learned for the respondent no.3. September 26, 2025 Praveen Versus Counsel for Petitioner(s) : Nirbhay Kumar Singh, Buddha Priya Gautam, Nitin Verma, Pradeep Kumar Singh, Shiv Kant Shukla Counsel for Respondent(s) : C.S.C., Alok Sharma (Pankaj Bhatia,J.) Ahsanuzzaman .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. U.P. Cooperative Societies Lko. And 2 Others .....Respondent(s) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench