HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 8079 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Sri Rajeev Kumar Singh,learned Additional Chief Standing Counsel for the State, Sri N.C.Mehrotra, learned counsel for the opposite parties no. 2 & 3 and perused the record. Present writ petition has been filed with the following main relief :- "(i) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to release forthwith the post retiral dues of the petitioner i.e. leave encashment, gratuity, group insurance etc. considering the fact that the petitioner attained the age of superannuation on 28.02.2021 and the recovery proceedings so initiated against him were quashed by this Hon'ble Court in Writ A No. 5341 of 2024 and the said judgment and order dated 06.09.2024 has attained finality, in the interest of justice." Contention of learned counsel for the petitioner is that despite the petitioner having been retired on attaining the age of superannuation on 28-02-2021 and recovery initiated against him having been quashed by the writ court in Writ A No. 5341 of 2024, the retiral dues have not been paid as yet. He submitted that there is no impediment in payment of retiral dues to petitioner. On the other hand, Sri N.C.Mehrotra, learned counsel appearing for the opposite parties no. 2 & 3 has pointed out that there are two civil Versus Counsel for Petitioner(s) : Vinay Misra, Amulya Pandey Counsel for Respondent(s) : C.S.C., Naresh Chandra Mehrotra Yogesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Social Welfare Lko. And 2 Others .....Respondent(s) suits pending against the other petitioners for recovery of certain amount and one suit for recovery of the amount has also been filed against the present petitioner. Upon considering the submissions of learned counsels for the parties and after perusal of record, it transpires that the recovery, which has already been initiated against the petitioner has been quashed in Writ A No. 5341 of 2024. It is further noticed by this court that the petitioner has been retired after attaining age of superannuation on 28-02-2021 and there is no other order of any competent court of law or authority for non payment of the retiral dues to the petitioner. Learned counsel for the department has also failed to show any law which restrained the department to make payment of the retiral dues on institution of any civil suit against the petitioner; unless any adversial order is passed against him. Consequently, the opposite parties no. 2 & 3 are directed to release the retiral dues of the petitioner forthwith; alongwith interest; for which; the petitioner is entitled for; within a period of two months from the date a certified copy of this order is produced before them.. Needless to say that this order would have no bearing on the suit pending against the petitioner. With the aforesaid observations, the writ petition is allowed. November 11, 2025 AKS WRIA No. 8079 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench