Allahabad High Court
Usha Devi vs State Of U.P. And Another on 27 May, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:95457
Court No. - 35
Case :- WRIT - A No. - 8431 of 2024
Petitioner :- Usha Devi
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Shiv Chand Yadav,Shyam Lal
Counsel for Respondent :- C.S.C.,Satyam Singh
Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri Satyam Singh, learned counsel for the respondent no.2.
2. It is argued by counsel for the petitioner that for non payment of certain dues petitioner earlier approached this Court by filing a petition being Writ A No.6135 of 2023 (Usha Devi Vs. State of U.P. and another), which was disposed of on 10.04.2023. The order dated 10.04.2023 reads as follows :-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State.
This petition has been filed with the following main prayer:-
"A. Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to pay the arrears of salary for the period of 5 to 6 years before the date of retirement i.e. 31.10.2009 and other dues which is pending for payment, within a stipulated period along with 18% penal interest."
It is the case of the petitioner, that due to the respondent no.2- U.P. Industrial co-operative Association Ltd. running in continuous loss, voluntarily retirement scheme was floated for which the petitioner's husband opted and he was retired on 31.10.2009. The petitioner was not given his arrears of salary and his retiral dues as promised to him under the voluntarily retirement scheme. Several writ petitions were filed before this Court by similarly situated persons which were disposed of by a common judgment and order dated 20.01.2004 directing the State Government to disburse Rs.50,00,000/- as adhoc payment of current salary immediately and the remaining amount of arrears of salary be disbursed within a period of three months. Challenging the judgment and order dated 20.01.2004, several special appeals were filed which were connected and an order was passed on 12.03.2019 by this Court in Special Appeal No.369 of 2004 directing that whatever amount remained unpaid, shall be paid to the employees by the respondent no.2 within two months from the date of order passed by the Court. The petitioner is similarly situated employee but he has not been paid his dues.
Case for parity is made out, petitioner is also held entitled for the benefit of the judgment dated 12.03.2019 passed in Special Appeal No.369 of 2004. In view thereof, writ petition is allowed.
Respondent no.2 is directed to pay dues of the petitioner within a period of three months from the date a copy of this order is placed before him. In case of failure to pay the dues within the aforesaid period, petitioner shall also be entitled for 6% interest on the admissible amount."
3. Pursuant to the same a sum of Rs.303947/- was received by the petitioner vide cheque dated 10.07.2023. Counsel for the petitioner placed reliance upon a letter 10.07.2023 written by Managing Director, UPICA, Kanpur in which it is stated that in case petitioner is aggrieved against the aforesaid payment, he can approach head offfice of the UPICA within seven days to verify the documents if not satisfied. It is further argued that after the aforesaid letter was received the petitioner approached in the head office UPICA and when certain short comings were found she wrote a letter to the Managing Director, U.P. Industrial Cooperative Association Ltd., Kanpur/respondent no.2 on 24.08.2023, copy of which is appended as annexure -8 to the writ petition. Though considerable time has lapsed but till date no decision has been taken on the same.
4. On the other hand it is argued by counsel for the respondent no.2 that respondent no.2 will take a decision in the matter expeditiously and preferably within a period of two months.
5. With the consent of counsel for the parties, present writ petition is being disposed of at the admission stage.
6. The present writ petition is disposed of in terms of undertaking given by the counsel for the respondent no.2.
Order Date :- 27.5.2024
Pramod Tripathi
