Allahabad High Court
Brijmohan Singh vs State Of Up And 5 Others on 16 May, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88330
Court No. - 35
Case :- WRIT - A No. - 2844 of 2024
Petitioner :- Brijmohan Singh
Respondent :- State Of Up And 5 Others
Counsel for Petitioner :- Jai Prakash Singh
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Civil Misc. Amendment Application No. 02 of 2024:-
1. Heard learned counsel for the parties.
2. For the reasons given in the accompanying affidavit, the amendment application is allowed.
3. Learned counsel for the petitioner is permitted to amend / correct the description of respondent no. 5 during the course of the day.
Order on Writ Petition:-
1. The petitioner has preferred the present writ petition inter-alia with the prayer to direct the respondent nos. 1 and 2 to ensure the petitioner is paid arrears of pension in terms of the order dated 24.12.2019 passed by Deputy Commissioner and Deputy Registrar, Co-operative, Mau Division, Mau/ respondent no.4 along-with the interest @ 6% p.a..
2. It is argued that the petitioner while working on the post of Kurk Amins retired on 31.12.2011. Initially the pension was paid to the petitioner from January, 2012 to September, 2021 and thereafter the pension of the petitioner has been stopped.
3. Pursuant to the order passed by this Court, instructions received under the signatures of Assistant Commissioner/ Assistant Registrar Cooperative, Mau is placed before this Court by the learned Standing Counsel, the same is taken on record.
4. It is stated in the aforesaid instructions that the pension of the petitioner has also been sanctioned vide letter no.1171 dated 04.01.2021 and letter no.1742 dated 28.01.2023 but the pension could not be paid to the petitioner due to paucity of funds.
5. Counsel for the petitioner placed reliance upon the judgment and order dated 03.02.2023 passed by this Court in Writ A No. 3052 of 2022 (Shushil Kumar Saraswat and 5 others vs. State of U.P. Thru. Prin. Secy. Co-Operative Deptt. Lko. And 4 Others) and also placed reliance upon Writ A No. 7993 of 2023 (Chandra Prakash Pandey vs. State of U.P. Thru. Its Prin. Secy. Deptt. Of Cooperative Societies Lko. And 3 Others) passed by the Lucknow Bench of this Court on 13.10.2023. On the basis of the aforesaid it is argued that petitioner is also entitled for the payment of pension along-with the arrears.
6. Heard counsel for the parties and perused the record.
7. It reveals from perusal of the record that petitioner while working on the post of Kurk Amin was retired in the year 2011 and the pension was paid to him for some time and thereafter wholly illegally the same has been stopped. Rule 21-A of the Uttar Pradesh Co-operative Collection Fund and the Amins and Others Staff Service (First Amendment) Rules, 2005, which is with regard to the salary for benefits of Kurk Amin, it is provided that in case there is any difficulty in disbursement of salary to such persons, the State Government shall give a matching grant which may be returned back from the amount collected by the collection incharge in the State Treasury.
8. In view of aforesaid, a writ in the nature of mandamus is issued commanding the respondent no.2 namely Commissioner and Registrar, Co-operative, U.P., Lucknow to make payment of pension to petitioner with effect from June, 2022 along with continuous monthly payment of same. Insofar as the arrears are concerned the same should be paid by him within a period of three months from the date of presentation of certified copy of this order.
9. Since the ground for withholding payment of pension of petitioner is not found to be either in accordance with law nor with Article 21 of the Constitution of India, it is directed that petitioner shall be entitled to payment of interest @ 6% per annum from the date it was due till the date of actual payment.
10. It is evident that paucity of funds with Cooperative Department is on account of directions issued by the State restraining the Cooperative Department from effecting any coercive measures regarding recovery of loans. Since paucity of funds with department is being alluded to directions issued by the State Government, it is provided that respondent no.2 may seek sanctioning of grant by the State Government to the Cooperative Department for reimbursement of payments made to the petitioner as also per directions issued in Sushil Kumar Saraswat (supra).
Order Date :- 16.5.2024
Swati
