Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202602 (ALL)

ALOK CHANDRA CHAUBEY AND 12 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. URBAN DEV. LKO. AND 3 OTHERS

WRIA/12329/2025 · 2025-10-28

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12329 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioners, Mr. Rajeev Singh Chauhan, learned Additional Chief Standing Counsel for the respondent-State and Sri Rishabh Kapoor, learned counsel appearing for the respondents Nos. 2 to 4. 2. With the consent of the parties, the matter is being decided finally. 3. The petitioners, who are all pensioners aged between 63 to 69 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. 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. Keeping in view the aforesaid, writ of mandamus is issued commanding the Versus Counsel for Petitioner(s) : Krishna Kumar Dubey Counsel for Respondent(s) : C.S.C., Rishabh Kapoor Alok Chandra Chaubey And 12 Others .....Petitioner(s) State Of U.P. Thru. Its Addl. Chief Secy. Urban Dev. Lko. And 3 Others .....Respondent(s) 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. Needless to say that if the petitioners are found entitled for payment of arrears of pension alongwith D.A. as per the law rendered in the case of Satya Prakash Mishra (supra), the same shall be paid expeditiously. 9. The instant petition is disposed of accordingly. October 28, 2025 Mayank WRIA No. 12329 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench