Khudaija Khatoon v. Counsel for

1. Heard Sri Vidhya Shanker Tiwari, learned counsel for the petitioner and Sri Rahul Malviya, learned Standing Counsel, who appears for State- respondents.

2. The case of the writ petitioner is that the petitioner was appointed as BHW (Mahila) (Basic Health Worker) on 26.06.1984 in District Ballia and she assumed the charged on 27.06.1984 and she superannuated on

30.04.2018 from the post of Health Supervisor (Mahila) from P.H.C. Nagra, Ballia. The petitioner preferred an application on 16.01.2019 and also submitted relevant papers which were as per the rule for the purposes of the payment of pension, Gratuity, GPF, GIS, Leave Encashment, ACP-III, Grade Pay, HRA, Provident Fund and arrears of 7th Pay Commission. Since the said amount was not paid, thus, the writ petitioner preferred the present writ petition seeking relief to the extent that a mandamus be issued, directing the respondents to pay pension, gratuity, GPF, GIS, leave encashment, ACP- II, Grade Pay, HRA, provident fund, Group Insurance and other retiral dues and also pay the arrears according to the 7th Pay commission Scheme.

3. This Court entertained the writ petition on 20.11.2020, wherein the following orders have been passed: "The petitioner is a retired Basic Health Supervisor (Mahila). She retired on

30.04.2018. He was last posted at Primary Health Centre, Nagra, Ballia. The submission of learned counsel for the petitioner is that the petitioner has not been 2 WRIA No. 9921 of 2020 paid her pension, gratuity, GPF, Group Insurance, Leave Encashment, besides arrears on account of A.C.P-III, Grade Pay, HRA and arrears under all these heads that have fallen due, due to revision of emoluments under the 7th Pay Commission. It is also averred in the writ petition that the petitioner has represented her case to the authorities but to no avail. It is impressed upon the Court that the petitioner, who is a retired Government employee, is going without any means of sustenance. Admit. Issue notice. Notice is made returnable on 08.01.2021. Learned Standing Counsel may file a counter affidavit by 08.01.2021. List for orders on 08.01.2021 in the additional cause list along with a report regarding status of pleadings. Civil Misc. Stay Application No. 1 of 2020 Issue notice. Let an interim mandamus be issued to the Chief Medical Officer, District Ballia and the Treasury Officer, Ballia, ordering them to pay the petitioner's monthly pension together with arrears, gratuity, GPF, Group Insurance, Leave Encashment and other retiral benefits by 08.01.2021 or show cause by filing a counter affidavit why this interim Mandamus be not made absolute. Let this order be communicated to the Chief Medical Officer, District Ballia and the Treasury Officer, Ballia by the Joint Registrar (Compliance) within 72 hours."

4. A supplementary affidavit has been filed by the writ petitioner wherein in para-2, 3 and 4, it has been asserted as under: "2. That after filing the above noted writ petition respondents authority till date only paid the following amounts separate dates which is given as below:- Date Amount

16.03.2021 7,27,600/-(Leave Encashment) WRIA No. 9921 of 2020

25.03.2021

22.06.2022

09.05.2025 3 76,727/- for insurance 3,65,409/- for 10% G.P.F. 8,18,217/- for 90% G.P.F. For kind perusal of this Hon'ble Court, the copy of message received by the petitioner of his bank account on his mobile number is being filed herewith and marked as Annexure No. S.A.-1 to this affidavit.

3. That 90% G.P.F. amount has been paid to while the 09.05.2025 on petitioner authority letter was issued for payment of 90% G.P.F. amount to the petitioner on

15.11.2021 which was timeless, therefore it is crystal clear that 90% G.P.F. amount of petitioner has been dump by office of Chief Medical Officer, Ballia, therefore petitioner is entitled for 12% interest on said amount, it is also mention here that authority letter issued by the office Accountant General (Lekha and Hakdari) IInd U.P. Allahabad for payment the 10% G.P.F. amount to the petitioner on 24.12.2021 but said amount was paid to the petitioner on 22.06.2022 (After about 06 months), therefore petitioner is also entitled for interest on said amount. For kind perusal of this Hon'ble Court, the copy of payment order dated 01.05.2025, 15.11.2021 and authority letter dated 24.12.2021 are being filed herewith and marked as Annexure No. S.A.-2 to this affidavit.

4. That till date arrears of 7th pay from 01.01.2016 to 30.04.2018 has not been paid to the petitioner, arrears of 3rd A.C.P. after completion of 26 years of petitioner's services grade pay 4800/-has not been paid till date, difference of salary from Nirmala Singh which was junior to the petitioner has not been paid till date, deducted amount which has been deducted on head for Government Quarters from December 2014 to May 2017 has not been return to the petitioner till date, bonus of year 2016 and 2017 has not been paid to the petitioner till date and Dearness Allowances from (D.A.) 01.01.2016 to 30.04.2018 has not been paid to the petitioner till date, which is become due."

5. According to the writ petitioner, till date the arrears of 7th pay from

01.01.2016 to 30.04.2018 has not been paid to the writ petitioner, arrears of III-ACP after completion of 26 years of petitioner's service grade pay 4800 4 WRIA No. 9921 of 2020 has not been paid and the different of salary from Nirmala Singh who is junior to the petitioner has not been paid till date and the deducted amount on the head for Government Headquarters from December, 2014 to May, 2017 has not been returned to the petitioner till date and the bonus of the year 2016 and 2017 has also not been paid and dearness allowance from

01.01.2016 to 30.04.2018 has not been paid and further whatever payments have been made, they are being made after delay so interest thereon has also not been paid.

6. Learned Standing Counsel on the other hand submits that since according to the writ petitioner, certain amounts have been paid and certain amounts are remaining to be paid, thus, the writ petitioner may approach the respondent no. 4, Chief Medical Officer, District Ballia who will take necessary steps of due admissible amount to the writ petitioner within time bound period.

7. Accordingly, the writ petition decided in the following terms: (a) The writ petitioner shall file a comprehensive representation along with the self-attested copy of the writ petition/ supplementary affidavit detailing the amounts which the writ petitioner is entitled to be paid in that regard by

27.10.2025. (b) On the said motion, the Chief Medical Officer, Ballia, fourth respondent shall summon the records and examine the said issue and proceed to pass an appropriate orders for disbursement of the said amount and in case they are not liable to be paid then specific orders containing reasons to be passed. (c) The said exercise is to be undertaken by 15.12.2025. (d) The case, the fourth respondent is of the opinion that the matter needs to be redressed by some other authorities then due communication made to the writ petitioner so as to enable him to provide inputs if so required.

8. With the aforesaid observation, the writ petition is disposed off. October 8, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. Heard Sri Vidhya Shanker Tiwari, learned counsel for the petitioner and Sri Rahul Malviya, learned Standing Counsel, who appears for State- respondents.

2. The case of the writ petitioner is that the petitioner was appointed as BHW (Mahila) (Basic Health Worker) on 26.06.1984 in District Ballia and she assumed the charged on 27.06.1984 and she superannuated on

30.04.2018 from the post of Health Supervisor (Mahila) from P.H.C. Nagra, Ballia. The petitioner preferred an application on 16.01.2019 and also submitted relevant papers which were as per the rule for the purposes of the payment of pension, Gratuity, GPF, GIS, Leave Encashment, ACP-III, Grade Pay, HRA, Provident Fund and arrears of 7th Pay Commission. Since the said amount was not paid, thus, the writ petitioner preferred the present writ petition seeking relief to the extent that a mandamus be issued, directing the respondents to pay pension, gratuity, GPF, GIS, leave encashment, ACP- II, Grade Pay, HRA, provident fund, Group Insurance and other retiral dues and also pay the arrears according to the 7th Pay commission Scheme.

3. This Court entertained the writ petition on 20.11.2020, wherein the following orders have been passed: "The petitioner is a retired Basic Health Supervisor (Mahila). She retired on

30.04.2018. He was last posted at Primary Health Centre, Nagra, Ballia. The submission of learned counsel for the petitioner is that the petitioner has not been 2 WRIA No. 9921 of 2020 paid her pension, gratuity, GPF, Group Insurance, Leave Encashment, besides arrears on account of A.C.P-III, Grade Pay, HRA and arrears under all these heads that have fallen due, due to revision of emoluments under the 7th Pay Commission. It is also averred in the writ petition that the petitioner has represented her case to the authorities but to no avail. It is impressed upon the Court that the petitioner, who is a retired Government employee, is going without any means of sustenance. Admit. Issue notice. Notice is made returnable on 08.01.2021. Learned Standing Counsel may file a counter affidavit by 08.01.2021. List for orders on 08.01.2021 in the additional cause list along with a report regarding status of pleadings. Civil Misc. Stay Application No. 1 of 2020 Issue notice. Let an interim mandamus be issued to the Chief Medical Officer, District Ballia and the Treasury Officer, Ballia, ordering them to pay the petitioner's monthly pension together with arrears, gratuity, GPF, Group Insurance, Leave Encashment and other retiral benefits by 08.01.2021 or show cause by filing a counter affidavit why this interim Mandamus be not made absolute. Let this order be communicated to the Chief Medical Officer, District Ballia and the Treasury Officer, Ballia by the Joint Registrar (Compliance) within 72 hours."

4. A supplementary affidavit has been filed by the writ petitioner wherein in para-2, 3 and 4, it has been asserted as under: "2. That after filing the above noted writ petition respondents authority till date only paid the following amounts separate dates which is given as below:- Date Amount

16.03.2021 7,27,600/-(Leave Encashment) WRIA No. 9921 of 2020

25.03.2021

22.06.2022

09.05.2025 3 76,727/- for insurance 3,65,409/- for 10% G.P.F. 8,18,217/- for 90% G.P.F. For kind perusal of this Hon'ble Court, the copy of message received by the petitioner of his bank account on his mobile number is being filed herewith and marked as Annexure No. S.A.-1 to this affidavit.

3. That 90% G.P.F. amount has been paid to while the 09.05.2025 on petitioner authority letter was issued for payment of 90% G.P.F. amount to the petitioner on

15.11.2021 which was timeless, therefore it is crystal clear that 90% G.P.F. amount of petitioner has been dump by office of Chief Medical Officer, Ballia, therefore petitioner is entitled for 12% interest on said amount, it is also mention here that authority letter issued by the office Accountant General (Lekha and Hakdari) IInd U.P. Allahabad for payment the 10% G.P.F. amount to the petitioner on 24.12.2021 but said amount was paid to the petitioner on 22.06.2022 (After about 06 months), therefore petitioner is also entitled for interest on said amount. For kind perusal of this Hon'ble Court, the copy of payment order dated 01.05.2025, 15.11.2021 and authority letter dated 24.12.2021 are being filed herewith and marked as Annexure No. S.A.-2 to this affidavit.

4. That till date arrears of 7th pay from 01.01.2016 to 30.04.2018 has not been paid to the petitioner, arrears of 3rd A.C.P. after completion of 26 years of petitioner's services grade pay 4800/-has not been paid till date, difference of salary from Nirmala Singh which was junior to the petitioner has not been paid till date, deducted amount which has been deducted on head for Government Quarters from December 2014 to May 2017 has not been return to the petitioner till date, bonus of year 2016 and 2017 has not been paid to the petitioner till date and Dearness Allowances from (D.A.) 01.01.2016 to 30.04.2018 has not been paid to the petitioner till date, which is become due."

5. According to the writ petitioner, till date the arrears of 7th pay from

01.01.2016 to 30.04.2018 has not been paid to the writ petitioner, arrears of III-ACP after completion of 26 years of petitioner's service grade pay 4800 4 WRIA No. 9921 of 2020 has not been paid and the different of salary from Nirmala Singh who is junior to the petitioner has not been paid till date and the deducted amount on the head for Government Headquarters from December, 2014 to May, 2017 has not been returned to the petitioner till date and the bonus of the year 2016 and 2017 has also not been paid and dearness allowance from

01.01.2016 to 30.04.2018 has not been paid and further whatever payments have been made, they are being made after delay so interest thereon has also not been paid.

6. Learned Standing Counsel on the other hand submits that since according to the writ petitioner, certain amounts have been paid and certain amounts are remaining to be paid, thus, the writ petitioner may approach the respondent no. 4, Chief Medical Officer, District Ballia who will take necessary steps of due admissible amount to the writ petitioner within time bound period.

7. Accordingly, the writ petition decided in the following terms: (a) The writ petitioner shall file a comprehensive representation along with the self-attested copy of the writ petition/ supplementary affidavit detailing the amounts which the writ petitioner is entitled to be paid in that regard by

27.10.2025. (b) On the said motion, the Chief Medical Officer, Ballia, fourth respondent shall summon the records and examine the said issue and proceed to pass an appropriate orders for disbursement of the said amount and in case they are not liable to be paid then specific orders containing reasons to be passed. (c) The said exercise is to be undertaken by 15.12.2025. (d) The case, the fourth respondent is of the opinion that the matter needs to be redressed by some other authorities then due communication made to the writ petitioner so as to enable him to provide inputs if so required.

8. With the aforesaid observation, the writ petition is disposed off. October 8, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad High Court of Judicature at Allahabad