Neutral Citation No. - 2025:AHC:40545 Court No. - 6 Case :- WRIT - A No. - 335 of 2025 Petitioner :- Smt. Asha Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhai Singh,Virendra Singh Counsel for Respondent :- C.S.C.,Manoj Nigam Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition has been filed by petitioners with a prayer that family pension due to death of husband of petitioner No.1/ father of petitioner No.2 was not calculated as well as other terminal benefits were also not granted, including the gratuity. Deceased died on 27.04.2024. 2. This Court vide order dated 23.01.2025 and 04.03.2025 has directed to pay legally permissible benefits to petitioners and has also passed order that District Magistrate- Aligarh will take appropriate action against erring Official. 3. Sri Virendra Singh, learned counsel for petitioners refers averments and documents annexed along with this writ petition. 4. Sri Manoj Nigam, learned counsel for respondent submits that personal affidavit has been prepared, however, the same has still not been filed in Registry. A copy of it is served to counsel for petitioner. 5. Learned counsel for respondent refers paragraph Nos. 6, 7 and 8 of personal affidavit which is reproduced hereinafter after taking personal affidavit on record :- "6. That it is humbly submitted that due to shortage of income of the society from the recovery of dues amongst the farmers, the said amount could not be paid to the petitioner. 7. That however, whatever amount was available in the District Cooperative Collection Fund being maintained and operated under Section 92 (b) of U.P. Cooperative Societies Act, 1965, the arrears of salary of the husband of the petitioner for the month of December, 2023 and Jan, 2024 towards Rs. 1,08,456/- has been paid on 28.10.2024 and the arrears of salary for the month of Feb, 2024 of Rs. 54950/- has been paid on 08.01.2025 and the remaining arrears of salary from the month of March, 2024 to 26.04.2024 towards Rs. 1,02,573/-has been paid on 10.03.2025. As such, the petitioner has been paid total sum of Rs. 2,65,979/- to the petitioner till 10.03.2025 For kind perusal of this Hon'ble Court, a photo stat copy of the proof of payment is being filed herewith and marked as ANNEXURE-1 to this affidavit. 8. That now an amount of Rs. 17,76,950/- towards gratuity, Rs. 5,15,000/- towards leave encashment and Rs. 2,78,695/- as the arrears of pension upto the month of Feb, 2025 (total sum of Rs. 25,80,645/-) is outstanding to be paid to the petitioner." 6. Learned counsel for petitioners on basis of above details fairly submits that since grievance of petitioners is accepted and some amount has already been deposited in their account, therefore, this writ petition may be disposed of, taking note of above referred averments made in personal affidavit with liberty that if petitioners remains aggrieved, they may approach before the concerned authority or this Court, as the case may be, if so advised. 7. In the aforesaid circumstances, since claim of petitioners has substantially addressed, therefore, this writ petition is disposed of with an observation that unpaid admit amount be paid within a short period as well as with liberty to petitioners that if they still aggrieve, they may approach before appropriate authority or before this Court, as the case may be, if so advised. 8. Sri Akhilesh Yadav ADM (J), Aligarh and Sri Krishan Kumar A.C. and A.R. Co-operative, Aligarh appear in person in pursuance of earlier order passed by this Court and assist the Court also. Order Date :- 20.3.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad