SMT. JAYPALI ALIAS JAYPALI DEVI v. STATE OF U.P. THRU. PRIN. SECY. COOPERATIVE LKO. AND 2 OTHERS
WRIA/13822/2025 · 2025-12-01
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184217 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184217 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13822 of 2025 Court No. - 3 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. The present petition has been filed seeking the following main relief:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to pay due family pension from the month of February, 2022 to till date, and pay regular family pension month to month to the Petitioner, in the interest of justice. (ii) to issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to pay/allow Rs.4,55,000/- to the petitioner, because Rs. 14,55,000/- sanctioned the service dues of the husband of the petitioner, but only Rs.10,00,000/-given to the petitioner."
3. Learned State counsel has been provided written instructions dated 28.11.2025, a copy of which is taken on record, in which it has been admitted that arrears amounting to Rs.14,5S,388/- are admitted with regard to payment to petitioner out of which Rs.10,00,000/- has already been paid. It is submitted that the outstanding amount could Versus Counsel for Petitioner(s) : Daya Shankar Yadav Counsel for Respondent(s) : C.S.C. Smt. Jaypali Alias Jaypali Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Cooperative Lko. And 2 Others .....Respondent(s)
not be paid due to paucity of funds with Cooperative Collection Fund, Moradabad which has merely amount of Rs.16,000/- available. 4. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is admitted that petitioner's husband passed away on 04.01.2019. The amount of Rs.4,55,000 being due to petitioner is already admitted by opposite parties but the same has not be paid for the past six years now. 5. In the considered opinion of this Court, paucity of funds cannot be a ground for withholding payment to which petitioner is entitled. 6. In such circumstances, opposite parties collectively are directed to ensure payment of the aforesaid benefits expeditiously within a period of three months from the date a certified copy of this order is served upon authorities concerned. 7. Petitioner is also entitled to an interest @ 6% per annum from the date the said amount was due till the date of actual payment which shall also be ensured within the aforesaid period of three months.
It has also been reported that family pension of Rs.5,72,580/- is also admitted and outstanding to be paid to petitioner. 8. With the aforesaid directions, the petition is allowed at the admission stage itself. Parties to bear their own costs. December 1, 2025 Subodh/- WRIA No. 13822 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench