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2025 DAILYLAW 183538 (ALL)

KRISHNA CHANDRA SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. / PRIN. SECY. URBAN DEVELOPMENT DEPTT. LKO AND 2 OTHERS

/9817/2025 · 2025-11-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9817 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioners, Mr. G.K.Singh, learned Additional Chief Standing Counsel for the respondent-State and Sri Rishabh Kapoor, learned counsel appearing for the respondents No.2 & 3. 2. With the consent of the parties, the matter is being decided finally. 3. The petitioners, who are all pensioners aged between 75 to 81 years are before this Court, contending that their pension is not being paid regularly rather is being paid in a block of 6 months and the petitioners being pensioners have no other source of income other than pension so there cannot be any occasion for the pension being paid intermittently to them. 4. On the other hand, Sri Rishabh Kapoor, learned counsel appearing for the Jal Nigam states that on account of financial crunch with which the Jal Nigam is seized, it would not be possible to pay regular pension to the petitioners. He also states that regular pension is being paid, but there is a backlog pertaining to the pension and an endeavour has been made to pay the same also. 5. Thus, it emerges that on account of financial crisis with which the Jal Nigam is seized, regular pension is not being paid to the petitioners. Versus Counsel for Petitioner(s) : Ajay Kishor Pandey Counsel for Respondent(s) : C.S.C., Rishabh Kapoor Krishna Chandra Srivastava And 2 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Urban Development Deptt. Lko And 2 Others .....Respondent(s) 6. 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. 7. 7. Keeping in view the aforesaid, writ of mandamus is issued commanding the respondents to make regular payment of pension each and every month along with D.A. in the light of the order dated 26.9.2025 passed by the Division Bench in Writ-A No.6271 of 2025, Satya Prakash Mishra and others Vs. U.P. Jal Nigam (Urban) through Managing Director and others. 8. The arrears of pension along with D.A. be paid in accordance with law rendered in the case of Satya Prakash Mishra (supra). November 19, 2025 AKS WRIA No. 9817 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench