Exe.Director ... vs Birendra Kumar Pandey & Anr.
2021 Latest Caselaw 3982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 105 of 2021
 

 
Appellant :- Exe.Director U.P.Govt.Employees Welfare Corporation Lko &Anr
 
Respondent :- Birendra Kumar Pandey & Anr.
 
Counsel for Appellant :- Vineet Kumar Singh 'Bisen,Anurag Vikram
 
Counsel for Respondent :- C.S.C.,Satendra Nath Rai
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Manish Kumar,J.

Order On C.M.Application No. 32849 of 2021

Heard learned counsel for the applicants-petitioners.

Cause shown is sufficient.

Accordingly, application is allowed and the delay in filing the Special Appeal is condoned.

Order on Special Appeal

Heard Sri Anurag Vikram, learned counsel for the appellants, Sri Satendra Nath Rai, learned counsel representing the respondent no. 1.

Sri Anurag Vikram, learned counsel representing the appellants has stated that considering the financial crunch faced by the appellant-corporation, the Judgment and order dated 06-01-2021 passed the Hon'ble Single Judge of this court in Writ Petition No. 75 (S/S) of 2021 may be modified to the extent that the remaining admitted arrears of salary and post retiral dues of the respondent no. 1 may be ordered to be paid in three equal quarterly instalments.

Learned counsel representing the respondent no. 1 however, states that there may arise some dispute about the amount of remaining admitted arrears of salary of the respondent no. 1.

However, having regard to overall facts and circumstances of the case and also considering the innocuous prayer made by the learned counsel for the appellants, we modify the Judgment and order dated 06-01-2021 passed by the Hon'ble Single Judge of this court in Writ Petition No. 75(S/S) of 2021 and provide that the respondent no. 1 shall be paid the remaining admitted arrears of salary and post retiral dues in four equal quarterly instalments, first of which shall be paid to him on or before 25-03-2021 and accordingly, the rest of the amount shall be paid in three equal instalments as aforesaid.

We however clearly provide that any amount which may be paid as the amount relating to remaining admitted arrears of salary and post retiral dues under this order will be without prejudice to the right of the respondent no. 1 to question the quantum of the said award.

With the aforesaid observations, the special appeal is disposed of finally.

Order Date :- 18.3.2021

AKS