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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14391 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Manoj Pathak, Advocate holding brief of Sri Kshatresh Kumar, learned counsel for petitioner and Sri Mohd. Khalid, Advocate for Respondents-4 and 5. 2. This is second round of litigation. Petitioner has approached this Court in the year 2007 by filing Writ-A No. 63060 of 2007 that despite he retired in the year 1999, his post retiral dues were not paid. Said writ petition was disposed of by following order dated 03.04.2018:
“Heard learned counsel for the petitioner and learned Standing Counsel for the State. By means of the present writ petition, the petitioner has since retired from the post of Conservative clerk (II-Grade clerk) from Nagar Palika Parishad, Budaun. He claims to be entitled for the post retirement dues including pension as may be admissible in law. The attention of the Court has been drawn to the order dated 7th May, 1999 issued by the Chairman, Nagar Palika Parishad, Budaun, whereby a direction was issued that the petitioner will retire with effect from the date of this order, however, there is no mention regarding entitlement of post retirement dues to the petitioner. Versus Counsel for Petitioner(s) : Kshatresh Kumar, Ratnesh Mishra Counsel for Respondent(s) : C.S.C., Mohammad Khalid Ram Kumar Rastogi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
In the facts and circumstances of the case and without expressing any opinion on merits of the case, I hereby direct Chairman, Nagar Palika Parishad, Budaun- respondent no.5 to consider and decide the claim of the petitioner regarding post retirement dues in accordance with law within a period of two months from the date of production of a certified copy of this order. The writ petition is, accordingly, disposed of.”
3. It is further case of petitioner that despite representation, his retiral dues were not settled, therefore, he has filed Contempt Application (Civil) No. 2042 of 2022, which was disposed of vide order dated 08.05.2023 that in case the order passed by Writ Court was not complied, petitioner will be at liberty to approach Contempt Court afresh. Admittedly petitioner has not approached Contempt Court afresh. 4.
Learned counsel for respondents has rightly referred the documents annexed alongwith this writ petition that probably there are some legal impediments since petitioner is required to submit certain documents, however, till date the same has not been done, therefore, claim of petitioner is still not completely settled. 5. Learned counsel for petitioner fairly submits that petitioner will try to submit all the documents and further prayed that in case petitioner submits all required documents, his claim may be considered in terms of earlier order passed by this Court. 6. Learned counsel for respondents submits that substantial amount towards retiral dues has already been paid and the only dispute is with regard to determination of amount and for that petitioner is always at liberty to approach the Finance Section of concerned respondent and in case he approaches the concerned authority of said Section, his grievance will be considered in accordance with law. 7. Learned counsel for petitioner refers para 19 of writ petition that substantial amount is paid and now grievance is limited. WRIA No. 14391 of 2025 2
8. In aforesaid circumstances, since there are legal impediments, as referred above, therefore, direction for consideration of representation cannot be granted. However, it is upto the petitioner to approach the concerned respondent to clarify remaining grievance and submit documents in support of his claim and in such circumstance the concerned respondent will take a decision within a short period. 9. With aforesaid observations, the writ petition is disposed of. September 23, 2025 AK WRIA No. 14391 of 2025 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad