Allahabad High Court
Vishnudut Dwivedi vs U.P. Upbhokta Sahkari Sangh Ltd. ... on 30 July, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- SERVICE SINGLE No. - 16347 of 2021
Petitioner :- Vishnudut Dwivedi
Respondent :- U.P. Upbhokta Sahkari Sangh Ltd. Thru M.D., Lko. & Ors.
Counsel for Petitioner :- Anilesh Tewari,Desh Deepak Singh,Ravindra Kumar Singh
Counsel for Respondent :- Ayush Chaudhary
Hon'ble Irshad Ali,J.
1. Heard learned counsel for the petitioner and Sri Ayush Chaudhary, learned counsel for the respondents.
2. With the consent of the parties, this matter is being heard finally.
3. It is the case of the petitioner that he retired from service on 30.4.2020 from the post of Chaukidar. He claimed payment of post retiral dues and when no payment was made, he filed Writ Petition No.16747 (S/S) of 2020, which was finally disposed of with the direction to the respondents to consider the claim of the petitioner in pending representation and pass appropriate order vide order dated 24.11.2020. In compliance of the order, the impugned order has been passed on 23.1.2021, whereby the claim of the petitioner has been rejected on the ground that there is a financial crunch, therefore, payment could not be released.
4. Submission of learned counsel for the petitioner is that on the ground of financial crunch, the entitlement of the petitioner for the payment of post retiral dues cannot be rejected. He submits that this Court in catena of decisions, has decided the issue of financial crunch, which was made ground for non-payment of post retiral dues and held that on the said ground, the payment cannot be refused. In this regard, the petitioner has enclosed the copy of the order passed by this Court in Writ Petition No.18192 (S/S) of 2020 (Vinay Kumar Jain Vs. U.P. Upbhokta Sahkari Sangh Ltd. & Others) decided on 23.11.2020, wherein this question was considered and it was held that on the ground of financial crunch, the payment of post retiral dues cannot be withheld. Relevant portion of the judgment is quoted below :-
"Having heard learned counsel for the contesting parties and having perused the records, what this Court finds is that admittedly the petitioner is a retired employee of the Corporation. A period of almost a year has lapsed since the employee retired yet his retiral dues have still not been paid. The plea of financial crunch being taken by the Corporation cannot be a ground to not pay the dues of an employee where the said dues are admittedly payable.
Accordingly, the present petition is disposed off with a direction to the respondents i.e. respondent no.1 to ensure the payment of dues to the petitioner within a period of three months from the date of receipt of a certified copy of this order provided there is no legal impediment. So far as the interest part is concerned, it would be open to the petitioner to submit a representation regarding payment of interest on delayed payment of dues, which, if made, shall be considered by the respondent no.1 within a period of three months from the date of submission of the representation."
5. In view of the above, the impugned order, denying the payment of post retiral dues only on the ground that there is financial crunch cannot be sustained. Accordingly, the impugned order dated 23.1.2021 is hereby set aside.
6. The writ petition succeeds and is allowed.
7. The respondent No.1 is directed to ensure payment of post retiral dues to the petitioner within a period of three months from the date of receiving of certified copy of this order.
Order Date :- 30.7.2021
Gautam
