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Neutral Citation No. - 2025:AHC:133544 Court No. - 4 Case :- WRIT - A No. - 11281 of 2025 Petitioner :- Devendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jay Singh Yadav,Santosh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner who is retired from the respondent-establishment on 30.09.2024 is aggrieved for non-disbursement of the post retirement dues.
3. It is contended by learned counsel for the petitioner that even though petitioner was issued with the show cause notice on 17.06.2025 witholding the salary for the period petitioner has remained under suspension. It is further contended that even though notice has been issued to the petitioners but other claims can be settled and disbursed.
4. Learned Standing Counsel on the contrary submits that as the petitioner has been issued with the show cause noticed atleast he should offer explanation before any final decision is taken issuing pension payment order.
5. In the considered view of the Court when the petitioner has retired on 30.09.2024 respondents ought not to have issued show cause notice on 17.06.2025 and should have taken decision on their own.
6. However since now they have issued notice to the petitioner, it is hereby provided that the petitioner shall submit reply within four weeks from today, which shall be disposed of within the next four weeks
time but in any case the post retirement dues of the petitioner whatever is liable to be paid shall be released in his favour except the salary for the period petitioner has remained under suspension, which shall abide by the final outcome of the decision to be taken by the authority as directed hereinabove.
7. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 7.8.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad