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2025 DAILYLAW 179074 (ALL)

FATIMA RIZVI v. STATE OF U.P. THRU. PRIN. SECY. MINORITIES WELFARE LKO. AND 3 OTHERS

WRIA/13127/2025 · 2025-11-13

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13127 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, 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 counselfor 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 retiral dues along with arrears of pension within a period of three 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. Versus Counsel for Petitioner(s) : Mohiuddin Khan Counsel for Respondent(s) : C.S.C., Vaibhav Mishra Fatima Rizvi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Minorities Welfare Lko. And 3 Others .....Respondent(s) 6. It is clarified that financial crunch is no impediment for payment of retiral dues wheres if there is any legal impediment, the same shall be intimated to the petitioner. November 13, 2025 Ram Murti WRIA No. 13127 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench