Lalta Prasad v. State of U.P. Thru. Addl. Chief Secy. Urban Development Deptt. Lko. and 4 Others

Court No. - 7 Case :- WRIT - A No. - 7965 of 2023 Petitioner :- Lalta Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Deptt. Lko. And 4 Others Counsel for Petitioner :- Ajay Sharma Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Abdul Moin,J.

¶1Heard the counsel for the petitioner and Sri Sriniwas Bajpai, the counsel for the respondents.

¶2With the consent of learned counsel for the parties, the writ petition is being finally decided.

¶3The present petition has been filed praying for a mandamus commanding the respondent no.5 i.e. Executive Officer, Nagar Palika Parishad, Sitapur to expeditiously make pament of all post retiral dues i.e. provident fund, group insurance, monthly pension, amount of gratuity, leave encashment, arrears of ACP's, bonus, arrears of enhanced D.A, arrears of pension (July, 2023 till the actual date of payment) along with interest @ 8 % up to the date of actual payment to the petitioner.

¶4Sri Sriniwas Bajpai, learned counsel, accepts notice on behalf of the respondents no.4 and 5. He very fairly states that on account of paucity of funds, the dues have not been paid which shall be paid positively within a period of six months from today. It is further argued that part payment of the 1/4 of the total dues shall be paid to the petitioner within a period of three months and the balance shall be paid within a period of six months.

¶5In view of the fairness of the counsel for respondents no.4 and 5, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents within a period of three months from today and the balance shall be paid within a period of six months. In case the amount is not paid within the time as granted, the respondents no.4 and 5 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization.

¶6With the said observations, the writ petition stands disposed off. Order Date :- 13.10.2023 A. Katiyar High Court of Judicature at Allahabad, Lucknow Bench