Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 98812 (ALL)

SURYA NATH YADAV v. STATE OF U.P. AND 3 OTHERS

SPLA/868/2025 · 2025-10-12

Manoj Kumar Gupta, Siddharth Nandan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 868 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. The present intra-court appeal is directed against order of learned Single Judge dated 13.8.2025 in Writ - A No. 7006 of 2025 by the petitioner- appellant. The order of learned Single Judge is extracted below: - "Heard Sri Anil Kumar Tiwari, learned counsel for petitioner and Sri Ganesh Datt Mishra, learned counsel for respondents. The petitioner has approached this Court that his retiral dues is not paid. Learned counsel for respondent on basis of instruction submits that there are certain audit objection which are required to be cure and for that petitioner may approach the concerned authority under the co-operative department. He further submits that about Rs.4 lac has already been paid to petitioner. Learned counsel for petitioner submits that he will approach the concerned authority and prays that audit objection be removed expeditiously, so that his retiral dues be paid. In the aforesaid circumstances, since there is any legal impediment as referred above, therefore, this writ petition is disposed of with the direction to petitioner to appear before the concerned authority for removal of audit objections, thereafter on basis of it, the retiral dues be paid expeditiously." 2. Sri Prabhakar Awasthi, learned counsel for the petitioner-appellant, submits that to the best of his knowledge, there is no audit objection so far. 3. Sri Ganesh Datt Mishra, learned counsel appearing on behalf of the respondent-Cooperative Society, states that the audit for the year 2023-2024 is still in progress. He submits that as soon as the audit is over, the Department would be in a position to ascertain the true facts and would take decision with regard to payment of retiral dues. Versus Counsel for Appellant(s) : Anil Kumar Tiwari, Prabhakar Awasthi Counsel for Respondent(s) : C.S.C., Ganesh Datt Mishra Surya Nath Yadav .....Appellant(s) State Of U.P. And 3 Others .....Respondent(s) 4. In our opinion, as the petitioner-appellant has retired on 31.5.2024 and so far only rupees four lakhs has been paid to him as part payment of his retiral dues, therefore, it is desirable that the respondents conclude the formalities and take decision on the claim of the petitioner regarding payment of the balance amount of retiral dues expeditiously, as also directed by learned Single Judge. 5. The appeal stands disposed of accordingly. October 13, 2025 Jaideep/- SPLA No. 868 of 2025 2 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad