HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5963 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 09.03.2026 passed in Writ-A No. 3185 of 2026, order whereof is quoted hereinunder.- "1. Heard Sri Akhilesh Kumar Mishra, learned counsel for the writ petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel for the State. 2. The case of the writ petitioner is that he was initially appointed as Commission Amin in Revene Department and he superannuated on 31.07.2021 as the writ petitioner was not being paid the pensionary benefits so the writ petitioner preferred Writ-A No. 21447 of 2021 in which on 28.04.2023, the following orders were passed.- "1. Heard learned counsel for the petitioner and Ms. Shachi Srivastava, learned Standing Counsel for the State-respondents. 2. An objection has been raised by the learned Standing Counsel that petitioner ought to have impleaded Principal Secretary, Co-operative in place of Principal Secretary, Revenue as the petitioner was working in the department which comes under Principal Secretary, Co-operative, therefore, learned counsel for the petitioner is permitted to correct the description of respondent no.1 in the array of parties during the course of the day. 3. This Court after considering the admitted fact on record that an amount of Rs.12 lacs towards post retiral dues is outstanding has passed the following order on 28.02.2023:- Versus Counsel for Applicant(s) : Akhilesh Kumar Mishra Counsel for Opposite Party(s) : Yaseen Khan .....Applicant(s) Sri Alok Kumar And Another .....Opposite Party(s) "Heard learned counsel for the petitioner and Ms. Shachi Srivastave, learned standing counsel for the State-respondents. By means of the instant petition, the petitioner has prayed for the following relief, which read as under:- "(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide the amount of arrears of salary, gratuity and pension and other retiral service dues to the petitioner with interest at the market rate within stipulated period, which may be fixed by this Hon'ble Court. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to decide the application made by the petitioner within specific period, which may be fixed by this Hon'ble Court." The record would indicate that this Court by means of the order dated 08.02.2023 had required the learned standing counsel to seek instructions and inform as to why the post retiral dues of the petitioner have not been paid. It was also required to be informed that what is the legal impediment in clearing the aforesaid dues. In furtherance thereof, learned standing counsel has provided a copy of the written instructions dated 22.02.2023 under the signatures of the Assistant Commissioner and Assistant Registrar, Cooperative District Sant Kabir Nagar i.e. the respondent No.2, wherein it is stated that various measures have been taken to pay the outstanding dues of the petitioner and though it was admitted that the same is delayed and it also states that the remaining dues would be cleared soon, but there is no time span within which the said dues will be cleared is indicated. The reason for delay cited is lack of funds which needless to say cannot be any answer acceptable in law before a Court. In this view of the matter, the Court directed the learned standing counsel to seek further instructions and on the basis of oral instructions it has been informed by Mr. Ravi Prakash Srivatava, Additional District Cooperative Officer, who has informed that out of the total outstanding of Rs.54.00 lacs, a sum of Rs.42.00 lacs have been paid and remaining sum of Rs.12.00 lacs are still outstanding and the same shall be disbursed soon. Considering the aforesaid facts that there is an admission on behalf of the CAPL No. 5963 of 2026 2 respondents-authorities indicating that the petitioner has not been paid the entire post retiral dues despite the fact that the petitioner retired on 31.07.2021 and even as on the date, a sum of Rs.12.00 lacs and odd is outstanding. Accordingly, at this stage, the Court directs the respondent No.2 to ensure that the payment of the remaining outstanding is made to the petitioner within a period of eight weeks from the date a copy of this order is placed before the authority. In case, if the same is not done within a lawful and legally justiciable reason, the Court will contemplate passing orders regarding payment on interest as well as getting enquiry held as to why the aforesaid dues were not paid and the recovery of the interest payable to the petitioner which could be on account of delay and lethargy on the part of the department the responsibility would be fixed and any liability which occurs for not paying the dues to the petitioner in time would be recovered from the officer so found responsible for not clearing the dues. List this matter again on 28.04.2023, as fresh." 4. Today, Ms. Shachi Srivastava, learned Standing Counsel has produced the instruction received from Assistant Commissioner & Assistant Registrar, Cooperative, Sant Kabir Nagar, which is taken on record, indicating that as retiral dues and other dues of Collection Amin are to be paid from the District Account Collection Fund (???? ???? ?????? ) and only Rs.1 lac could be collected in the said fund, therefore, an amount of Rs.1 lac is being paid to the petitioner through Cheque No.072483 of Sahkari Band Ltd. Main Branch, Gola Bazar, Khalilabad, Sant Kabir Nagar drawn on 19.04.2023 in favour of petitioner which has been supplied to Sri Akhilesh Kumar Mishra, learned counsel for the petitioner today in the Court, photocopy of the cheque is taken on record. 5. That fact that petitioner was appointed as Collection Peon and has retired on 31.07.2021 and more than two years has passed, but admitted retiral dues of the petitioner has not been released. 6. The submission of learned Standing Counsel that lack of fund is the reason for non-grant of retiral dues was noted by this Court in its order dated 28.02.2023. 7. This Court observed that lack of fund cannot be a ground to deny the rightful claim of the petitioner, consequently, this Court did not accept the CAPL No. 5963 of 2026 3 explanation given by the respondents. 8. As the petitioner is a State Government employee and has retired from service on 31.07.2021 after discharging his duties satisfactorily, it is the duty of the State to ensure payment of retiral dues to the petitioner, as the retiral dues is not bounty, but has been earned by an employee for the services rendered by him for the State. 9. It is also settled in law that the pension is not a bounty but a hard- earned benefit by a government servant and is in the nature of the property. 10. In such view of the fact, this Court is not inclined to accept the submission of learned Standing Counsel. 11. Accordingly, this Court directs the respondent no.1-Principal Secretary, Co-operative Development, Government of U.P. Civil Secretariat, Lucknow to ensure payment of remaining retiral dues and month to month pension to the petitioner within a period of two weeks from today. If the payment has not been made before the next date fixed, the respondent no.1-Principal Secretary, Co-operative Development, Government of U.P. Civil Secretariat, Lucknow shall remain present before the Court alongwith record to explain as to how action of respondents can be justified for non-payment of remain retiral dues of the petitioner and what is the scheme framed by the State Government in respect of such employee. 12. List this case in top ten cases on 15.05.2023." 3. Thereafter, an order came to be passed on 15.05.2023 which reads as under.- "Heard learned counsel for the petitioner and Ms. Sachi Srivastava, learned Standing Counsel for the respondents. Learned counsel for the petitioner states that pursuant to the order passed by this Court dated 28.04.2023, the grievance of the petitioner has been redressed. In such view of the fact, no cause of action survives in the writ petition. Consequently, the writ petition is dismissed as infructuous." 4. The grievance of the writ petitioner is that the writ petitioner has not been paid the arrears of pension to the tune of Rs. 8,01,140/- due from 01.05.2023 to June, 2025 with admissible interest and further arrears from July, 2025 till now. CAPL No. 5963 of 2026 4 5. Learned Additional Chief Standing Counsel submits that the claim of the writ petitioner needs adjudication at the first instance by third respondent, District Magistrate, Sant Kabir Nagar. 6. Considering the submission so made across the bar, the writ petition stands disposed of directing the writ petitioner to submit a comprehensive representation along with self attested copy of the writ petition and certified copy of the order before the third respondent, District Magistrate, Sant Kabir Nagar by 27.03.2026. Thereafter, the third respondent shall decide the claim of the writ petitioner within a period of two months. 7. In case, the third respondent is of the opinion that the matter needs to be decided by some other authority, then the papers be transmitted to the same." 2. Today instructions have been produced, according to which, the claim of the applicant has been decided on 14.05.2026. A copy of the same be served upon the learned counsel for the applicant. 3. Since there has been substantial compliance, the present contempt application is consigned to record leaving it open to the applicant to question the same before appropriate proceedings. 4. Instructions filed today are taken on record and marked as Appendix 'A'. September 23, 2026 Rajesh CAPL No. 5963 of 2026 5 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad