Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 91547 (ALL)

RAJ KUMAR MISHRA AND ANOTHER v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/13180/2025 · 2025-09-03

Saurabh Shyam Shamshery

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13180 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Rajesh Shankar Srivastava, learned counsel for petitioners and Sri J.N. Maurya, Advocate for Respondents-2 and 3. 2. Petitioners are aggrieved by order dated 05.10.2024 whereby due to financial constraint the Uttar Pradesh State Employees Welfare Corporation has communicated the petitioners that their admissible retiral dues will be paid, subject to availability of funds. 3. Learned counsel for petitioners fairly submits that some amount has been paid during pendency of this writ petition, however, remaining amount is still not paid. The amount paid is towards gratuity and leave encashment, however, arrears of salary and amount of provident fund is still not paid. Learned counsel has also disputed the calculation of amount towards gratuity and leave encashment, as determined by respondents. 4. Learned counsel for respondents submits that calculation towards amount of gratuity and leave encashment is correct and the same has been paid in its entirety. So far as arrears of salary and provident fund is concerned, it is under process and will be paid within a short period, subject to availability of fund. Versus Counsel for Petitioner(s) : Kalpnath Tripathi, Rajesh Shankar Srivastava Counsel for Respondent(s) : C.S.C., J. N. Maurya Raj Kumar Mishra And Another .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) 5. In aforesaid circumstances, this writ petition is disposed of with observation that in case petitioners have any dispute, so far as calculation towards amount of gratuity and leave encashment is concerned, they have liberty to approach the concerned respondent with specific assertions and the same will be considered by respondents. So far as arrears of salary and provident fund is concerned, it is not under much dispute that concerned Corporation is under financial problem, therefore, a time bound order cannot be passed. 6. However, since respondents are under legal obligation to pay the same expeditiously, therefore, it is directed that amount towards arrears of salary and provident fund be paid preferably within a reasonable period. In case of default and petitioners are forced to approach this Court again for similar relief after a reasonable period, it may be a ground to pass an adverse order against concerned respondents, including recovery from their salary to settle the dues. September 4, 2025 AK WRIA No. 13180 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad