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2025 DAILYLAW 176445 (ALL)

DULARE LAL v. STATE OF U.P THRU. PRIN. SECY. COOPERATIVE DEPTT. GOVT. OF U.P. LKO. AND 2 OTHERS

WRIA/13045/2025 · 2025-11-11

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13045 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed seeking a direction to concerned authority for payment of regular pension, arrears of pension from May, 2025 to petitioner with regular payment of pension. 3. It has been submitted that petitioner has superannuated from service from the cooperative department on 31st May, 2022, but the aforesaid benefits have not yet been paid. 4. Learned State Counsel has been provided written instructions dated July 26, 2025, which are taken on record and as per which, regular pension is not being paid to petitioner on account of financial stringency being faced by the department. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of the material on record, it is thus admitted that petitioner was in substantive service with the cooperative department and has superannuated on 31st May, 2022. The ground taken in the written instructions as financial stringency being faced by the department, cannot be a ground for denying the rights of petitioner particularly with regard to regular pension and arrears thereof which are not a bounty to be disbursed at the sweet will of employer. Versus Counsel for Petitioner(s) : Manish Mani Sharma Counsel for Respondent(s) : C.S.C. Dulare Lal .....Petitioner(s) State Of U.P Thru. Prin. Secy. Cooperative Deptt. Govt. Of U.P. Lko. And 2 Others .....Respondent(s) 6. In view thereof, the opposite parties collectively are directed to 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 the said authority and to ensure continued regular payment of pension. 7. With the aforesaid directions, the petition stands allowed at the admission stage itself. Parties to bear their own costs. November 11, 2025 prabhat WRIA No. 13045 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench