Girand Singh And 4 Others vs State Of U P And 7 Others
2023 Latest Caselaw 4095 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 1622 of 2023
 

 
Petitioner :- Girand Singh And 4 Others
 
Respondent :- State Of U P And 7 Others
 
Counsel for Petitioner :- Alok Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned standing counsel for the State-respondents.

This case was heard on 28.01.2023 and the Court has passed the following order:

"Heard learned counsel for the petitioners and learned standing counsel for the respondents.

Present petition has been filed with following relief;

"i) issue a writ, order or direction in the nature of Mandamus commanding opposite parties to ensure regular payment of pension to petitioner every month as well as pay arrears of pension with interest @ 12% p.a. till date of actual payment i.e. forthwith."

Learned counsel for the petitioners submitted that petitioners after retirement not getting pension on regular basis. He next submitted that similar matter was before this Court in Writ A No. 5812 of 2022 (Rajaram Pal Vs. State of U.P. Thru. Prin. Secy. Co Operative Dept. Lko. and 4 others), which was allowed vide order dated 22.11.2022 directing the respondent no. 1 to pass necessary orders of sanctioning grant/ money to the Registrar-Cum-Commissioner, Cooperatives, Lucknow to ensure for payment of pension. Therefore, this petition may also be allowed on same terms.

Learned standing counsel prays for and is granted 10 days time to seek instruction as to why pension has not been paid to petitioners.

Put up this case as fresh on 8.2.2023."

Pursuant to order of this Court dated 28.01.2023, learned standing counsel has produced the instruction dated 02.02.2023, which is taken on record. He submitted that pension of the petitioner could not be paid due to paucity of fund, but could not dispute the fact that this case is covered with the judgment and order passed by Lucknow Bench of this Court in Writ A No. 5812 of 2022 (Rajaram Pal Vs. State of U.P. Thru. Prin. Secy. Co Operative Dept. Lko. and 4 others), which was allowed vide order dated 22.11.2022.

In view of the facts and circumstances of the case, this petition is also allowed in terms of judgment and order passed by Lucknow Bench of this Court in Rajaram Pal (Supra).

Order Date :- 8.2.2023

ADY