High Court · 2025

Petitioner :- Mahesh Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas Lko. And 5 Others Counsel for Petitioner :- Anand Dubey,Ashish Kumar Yadav Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Rajesh Singh Chauhan,J.

1. Heard.

2. This Court has passed the order dated 05.04.2025 which reads as under:- "Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4 and Mr. Sriniwas Bajpai for respondent Nos.5 and 6. By this petition, the petitioner has prayed for the following relief:- "To issue writ, order or direction in the nature of mandamus thereby commanding/directing the opposite party No.-5 & 6 to release the retiral dues i.e., provident fund, group insurance, monthly pension, amount of gratuity, leave encashment, arrears of ACP's, bonus, arrears of enhanced dearness all ounce, arrears of pension w.e.f. January 2025 till date and other admissible retiral dues with 8% interest up to the actual date of payment to the petitioner." Submission of learned counsel for the petitioner is that the petitioner has retired on 31.12.2024 from the post of Clerk Gr.I from the office of respondent Nos.5 and 6. At the time of retirement, he was holding charge of Office Superintendent. It is submitted that vide Annexure No.4 No Dues certificate has been given to the petitioner by respondent No.6. It is further submitted that respondent No.2 has issued the pension payment order with a direction to the respondent No.6 and necessary directions have been issued. It is submitted that none of the employee of Nagar Palika Parishad, Sitapur have been paid pension unless he has approached this Court due to the harassment caused by the respondent Nos.5 and 6 in payment of post retiral dues although sufficient funds are available. On the other hand, Mr. Sriniwas Bajpai appearing for respondent nos.5 and 6 has submitted that presently Nagar Palika is facing the scarcity of fund and also there are some matters of financial irregularity against the petitioner and there are some outstanding dues. Perused the record. Upon a query being made from learned counsel for the respondent Nos.5 and 6, he could not point out from the written instructions as to how much is the outstanding dues and once the No Dues certificate has been given to the petitioner and the PPO has been issued by respondent No.2 and without taking any action against the authorities who have issued the No Dues certificate, is it open for them to say that still some dues are pending against the petitioner. So far as the ground taken by learned counsel for the respondent Nos.5 and 6 that there is scarcity of funds, learned counsel for the petitioner has invited attention of the court towards the letter dated 05.02.2024 contained in Annexure no.10 written to the Principal Secretary, Nagar Vikas wherein it has been intimated to the Principal Secretary, Nagar Vikas by the respondent No.6 while demanding the budget that employee working before the respondent Nos.5 and 6 including pensioners, the payment of pension to the pensioners shall not be affected. Learned counsel for the petitioner further submits that the record shows that there are ample funds and upon undertaking given by respondent No.6 to the State Government funds are repeatedly time and again being released to the respondent Nos.5 and 6 however, so far as the pension is concerned, without any reason the employees are harassed by the opposite party Nos.5 and 6 and no pension has been paid to any employee unless he has approached this Court. Considering the aforesaid submissions of learned counsel for the parties, this Court is of the view that the matter involves payment of post retiral dues including provident fund, group insurance, monthly pension, amount of gratuity, leave encashment, arrears of ACP's etc. to a retired employee. The ground taken by the respondent no.6 prima facie do not convince this Court and therefore, let the respondent No.6 appear before this Court on the next date of listing along with the record. List this case on 11.04.2025"

3. Sri Vaibhav Tripathi, Executive Officer, Nagar Palika Parishad, Sitapur is present in person.

4. Mr. Sriniwas Bajpai, learned counsel for Nagar Palika Parishad has shown a copy of a letter dated 09.04.2025 preferred by the Executive Officer addressing to the Bank Manager, SBI Sitapur asking him to credit a sum of Rs.1,19,340/- which is arrears of pension w.e.f. January to March, 2025, sum of Rs. 4 lacs i.e. part payment of gratuity and sum of Rs.2,43,104/- the amount of provident fund.

5. Petitioner is also present in person, has stated that the aforesaid amount has yet not been credited in his account.

6. The Executive Officer has further submitted that the remaining payment of retiral/pensionary benefits would be paid to the petitioner with expedition and if he is given some time in terms of the similar order being passed by this Court in similar identical cases, the petitioner shall be paid his all post retiral dues. A copy of one similar order dated 01.04.2025 in Writ-A No.3398/2025 has been produced to the Court wherein this Court considered the submission of counsel for the respondent that one forth amount of the outstanding dues would be paid within a period of three months and the balance amount shall be paid within a period of six months.

7. Considering the aforesaid submissions of opposite party No.6, it is directed that one-forth of the remaining outstanding amount be paid to the petitioner within a period of three months from today and balance amount shall be paid to the petitioner within a period of six months. In case the amount is not paid within time so granted by the Court, the respondents would be liable to pay the interest at the rate of 7% per annum from the date when the amount fell due till actual payment/realization.

8. It is made clear that whatever amount has been paid to the petitioner pursuant to the letter dated 09.04.2025 that shall not be included in the outstanding amount but the calculation of the outstanding amount would be to calculate the remaining outstanding amount.

9. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 11.4.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Petitioner :- Mahesh Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas Lko. And 5 Others Counsel for Petitioner :- Anand Dubey,Ashish Kumar Yadav Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Rajesh Singh Chauhan,J.

1. Heard.

2. This Court has passed the order dated 05.04.2025 which reads as under:- "Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4 and Mr. Sriniwas Bajpai for respondent Nos.5 and 6. By this petition, the petitioner has prayed for the following relief:- "To issue writ, order or direction in the nature of mandamus thereby commanding/directing the opposite party No.-5 & 6 to release the retiral dues i.e., provident fund, group insurance, monthly pension, amount of gratuity, leave encashment, arrears of ACP's, bonus, arrears of enhanced dearness all ounce, arrears of pension w.e.f. January 2025 till date and other admissible retiral dues with 8% interest up to the actual date of payment to the petitioner." Submission of learned counsel for the petitioner is that the petitioner has retired on 31.12.2024 from the post of Clerk Gr.I from the office of respondent Nos.5 and 6. At the time of retirement, he was holding charge of Office Superintendent. It is submitted that vide Annexure No.4 No Dues certificate has been given to the petitioner by respondent No.6. It is further submitted that respondent No.2 has issued the pension payment order with a direction to the respondent No.6 and necessary directions have been issued. It is submitted that none of the employee of Nagar Palika Parishad, Sitapur have been paid pension unless he has approached this Court due to the harassment caused by the respondent Nos.5 and 6 in payment of post retiral dues although sufficient funds are available. On the other hand, Mr. Sriniwas Bajpai appearing for respondent nos.5 and 6 has submitted that presently Nagar Palika is facing the scarcity of fund and also there are some matters of financial irregularity against the petitioner and there are some outstanding dues. Perused the record. Upon a query being made from learned counsel for the respondent Nos.5 and 6, he could not point out from the written instructions as to how much is the outstanding dues and once the No Dues certificate has been given to the petitioner and the PPO has been issued by respondent No.2 and without taking any action against the authorities who have issued the No Dues certificate, is it open for them to say that still some dues are pending against the petitioner. So far as the ground taken by learned counsel for the respondent Nos.5 and 6 that there is scarcity of funds, learned counsel for the petitioner has invited attention of the court towards the letter dated 05.02.2024 contained in Annexure no.10 written to the Principal Secretary, Nagar Vikas wherein it has been intimated to the Principal Secretary, Nagar Vikas by the respondent No.6 while demanding the budget that employee working before the respondent Nos.5 and 6 including pensioners, the payment of pension to the pensioners shall not be affected. Learned counsel for the petitioner further submits that the record shows that there are ample funds and upon undertaking given by respondent No.6 to the State Government funds are repeatedly time and again being released to the respondent Nos.5 and 6 however, so far as the pension is concerned, without any reason the employees are harassed by the opposite party Nos.5 and 6 and no pension has been paid to any employee unless he has approached this Court. Considering the aforesaid submissions of learned counsel for the parties, this Court is of the view that the matter involves payment of post retiral dues including provident fund, group insurance, monthly pension, amount of gratuity, leave encashment, arrears of ACP's etc. to a retired employee. The ground taken by the respondent no.6 prima facie do not convince this Court and therefore, let the respondent No.6 appear before this Court on the next date of listing along with the record. List this case on 11.04.2025"

3. Sri Vaibhav Tripathi, Executive Officer, Nagar Palika Parishad, Sitapur is present in person.

4. Mr. Sriniwas Bajpai, learned counsel for Nagar Palika Parishad has shown a copy of a letter dated 09.04.2025 preferred by the Executive Officer addressing to the Bank Manager, SBI Sitapur asking him to credit a sum of Rs.1,19,340/- which is arrears of pension w.e.f. January to March, 2025, sum of Rs. 4 lacs i.e. part payment of gratuity and sum of Rs.2,43,104/- the amount of provident fund.

5. Petitioner is also present in person, has stated that the aforesaid amount has yet not been credited in his account.

6. The Executive Officer has further submitted that the remaining payment of retiral/pensionary benefits would be paid to the petitioner with expedition and if he is given some time in terms of the similar order being passed by this Court in similar identical cases, the petitioner shall be paid his all post retiral dues. A copy of one similar order dated 01.04.2025 in Writ-A No.3398/2025 has been produced to the Court wherein this Court considered the submission of counsel for the respondent that one forth amount of the outstanding dues would be paid within a period of three months and the balance amount shall be paid within a period of six months.

7. Considering the aforesaid submissions of opposite party No.6, it is directed that one-forth of the remaining outstanding amount be paid to the petitioner within a period of three months from today and balance amount shall be paid to the petitioner within a period of six months. In case the amount is not paid within time so granted by the Court, the respondents would be liable to pay the interest at the rate of 7% per annum from the date when the amount fell due till actual payment/realization.

8. It is made clear that whatever amount has been paid to the petitioner pursuant to the letter dated 09.04.2025 that shall not be included in the outstanding amount but the calculation of the outstanding amount would be to calculate the remaining outstanding amount.

9. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 11.4.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench