Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 72817 (ALL)

VIJAY LAXMI MISHRA v. STATE OF U.P. AND 2 OTHERS

WRIA/9168/2025 · 2025-08-19

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:142883 Court No. - 4 Case :- WRIT - A No. - 9168 of 2025 Petitioner :- Vijay Laxmi Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Srivastava,Dhani Raj,Swapnesh Singh,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner as well as learned Standing Counsel. In compliance of the order of this Court dated 23.07.2025 a compliance affidavit has been filed which is taken on record. As per the compliance affidavit, the pension has been paid to the petitioner for the month July. Learned counsel for the petitioner states that in the identical set of facts one Narayan Sahay Singh, who was working along with the petitioner was denied pension and hence he approached the Lucknow Bench of this Court vide Writ - A No. 10746 of 2024 in which vide order dated 19.11.2024 following directions were issued: "10. Keeping in view of the aforesaid discussion, the writ petition is disposed of with a direction to the respondents to ensure the payment of arrears of pension to the petitioner since January, 2023 and also to ensure that regular pension is paid to the petitioner every month. In case funds are not available in the co-operative department, the State government shall ensure that the funds are made available to the said department inasmuch as, department of the State government cannot be allowed to take an excuse that as the State government is not making available the funds, the pension cannot be paid. Let the arrears of pension be paid within a period of four weeks from today and regular payment of pension be also ensured to the petitioner." Learned Standing Counsel on the contrary submits that it is due to paucity of fund only that the pension was not paid to the petitioner. I have noticed that this identical argument was raised by learned Standing Counsel in Writ - A No. 10746 of 2024 which stood disposed of with direction to the respondents to make payment of arrears of pension and also to pay regular pension and the petitioner's case stands on the same footing. In view of the above, this petition stands disposed of with a direction to the respondent no. 2 to make payment of entire arrears of pension to the petitioner w.e.f. January 2020 till 2021 and September 2021 to June 2025 and also pay regular pension without any break. It is further provided that in case funds are not available then the State Government shall ensure that fund for the purposes of retirement dues is made available. Let the entire arrears be cleared within a maximum period of six weeks of presentation of certified copy of this order. Regular pension shall also continued to be paid to the petitioner without any break. It is made clear that if the order would not complied with in its letter and spirit, 10% interest shall be paid till the actual payment is made. Order Date :- 20.8.2025 IrfanUddin WRIA No. 9168 of 2025 2 Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad