Mahendra vs State Of U.P. And 2 Others
2022 Latest Caselaw 6464 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 7207 of 2022
 

 
Petitioner :- Mahendra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Avanish Tripathi,Dheeraj Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Jai Bahadur Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2 and Sri Jai Bahadur Singh, learned counsel for the respondent no. 3.

Case was heard on 13.05.2022 and the Court had passed the following order:-

"The petitioner has retired from the establishment in the year 2014 and it is very unfortunate that he has not been paid any amount except Rs. 80,000/- as is admitted by the counsel appearing for the respondents.

Let the Executive Officer, Nagar Palika Parishad, District Badaun file his personal affidavit before this Court explaining therein as to why the amount of retiral dues has remain unpaid for over these years and why liability of interest may not be fasten upon him and it is made clear that if the proper affidavit is not filed by the next date fixed, the Executive Officer shall appear in person before this Court.

Put up again as fresh on 30.05.2022."

Pursuant to the order of this Court dated 17.05.2022, personal affidavit dated 25.05.2022 has been filed by respondent no. 3 and in paragraphs 14 of the personal affidavit, it is stated that due to paucity of funds in Nagar Palika Parishad, Badaun, payment could not be made to the petitioner. In paragraph 15 of the personal affidavit, it is further stated that sufficient time may be granted to Nagar Palika Parishad, Budaun to make payment of the entire due amount to the petitioner.

Learned counsel for the petitioner submitted that petitioner is widow and a suitable direction may be issued to the respondent no. 3 to pay entire amount to the petitioner alongwith interest at the earliest. In support of his contention, he has placed reliance upon judgments of this Court in the cases of Yogendra Singh and 2 others Vs. State of U.P. and 5 others, reported in 2016 0 Supreme(All) 3978 and Renu Gupta Vs. State of U.P. and 5 others passed in Writ-A No. 14397 of 2019, decided on 24.10.2019.

Sri Jai Bahadur Singh, learned counsel appearing for respondent no. 3 as well as learned Standing Counsel could not dispute the submission made by learned counsel for the petitioner, but learned counsel for the respondent no. 3 submitted that due to financial crises, payment could not be made to the petitioner.

Since the dues are not disputed, therefore, in light of judgments of this Court in the cases of Yogendra Singh and Renu Gupta (supra), this writ petition is disposed of with direction to respondent no. 3 to pay entire amount to the petitioner alongwith interest at the rate of 8% per annum from the due date to date of actual payment of entire post retiral dues, maximum within a period of three months from the date of production of certified copy of this order.

Order Date :- 11.7.2022

Junaid