VANDANA MISHRA v. THE STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT DEPTT. LKO. AND 2 OTHERS
WRIA/12002/2025 · 2025-10-10
Shree Prakash Singh
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 196210 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196210 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12002 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Pankaj Patel, learned counsel for the respondent no.3 and Mr. R.S. Tiwari, learned counsel for the respondent nos. 1 & 2 and perused the material on record. Instant petition has been filed with the following main prayers:-
"1. Issue a writ, order, or direction in the nature of Mandamus commanding the opposite party No-2 i.e. Milk Commissioner, Dairy Development Department UP Jawahar Bhawan Lucknow to sanction adequate fund in favor of respondent No-3 i.e. General Manager, Dugdh Utpadak Sahkari Sangh Prayagraj for making payment of post retirement dues & pending arrears of salary to the petitioner, within stipulated period, in the interest of justice. 2. Issue a writ or order in the nature of Mandamus commanding the opposite party No-3 i.e. General Manager, Dugdh Utpadak Sahkari Sangh Prayagraj to ensure payment of post dues as well arrears of salary along with interest on delayed payment of post retiral dues to the petitioner within stipulated period, in the interest of justice." Contention of the learned counsel for the petitioner is that the petitioner has retired from service on 31.10.2024 after attaining the age of superannuation of 60 years. He submitted that about one year has passed after the retirement of the petitioner but the post retiral dues and pending arrears of salary has not been paid to the petitioner and she has been thrown to suffer. He thus submits that the respondent no.3 may be directed to pay post retiral dues Versus Counsel for Petitioner(s) : Pradeep Kumar Tripathi Counsel for Respondent(s) : C.S.C., Pankaj Patel Vandana Mishra .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. And 2 Others .....Respondent(s)
including other dues, if any, to the petitioner with the time frame fixed by this Court. Mr. Pankaj Patel, learned counsel for the respondent no.3 submits that dues are admitted but since the respondent no.3 department is running in loss, therefore, there seems to be hardship.
Be that as it may and without entering into the merits of the case, liberty is granted to the petitioner to raise her claim regarding payment of post retiral dues including pending arrears of salary, if any, before the respondent no.3 within 15 days and if such claim is raised, the same shall be decided within further period of two months. The payable dues, if any, shall be released within one month after the order is passed. The interest on the delayed payment may also be considered by the authorities concerned. With the aforesaid observation, the writ petition is disposed of. October 10, 2025 Ram Murti WRIA No. 12002 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench