Disposed

Shiv Singh v. State of U.P. through Secy. Revenue Deptt. Lko. and Ors.

Allahabad HC1 Feb 2024WRIA/6020/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition where the respondent admitted in a 2013 affidavit that 40% of the petitioner's Sixth Pay Commission arrears remained unpaid over a decade. The Court directed the respondent to pay the balance within six weeks and granted 7% simple interest.

What did the court decide?

Direction to respondent no. 3 to pay remaining 40% arrears within six weeks and pay simple interest at 7% p.a. from date of retirement.

Shiv Singh Vs State of U.P. through Secy… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:9326

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Court No. - 18

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Case :- WRIT - A No. - 6020 of 2012

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Petitioner :- Shiv Singh Respondent :- State Of U.P. Through Secy. Revenue Deptt. Lko. And Ors. Counsel for Petitioner :- Lalendra Pratap Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for petitioner as well as learned State Counsel and perused the record.

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2.The present writ petition has been preferred for issuing direction to respondents to pay the actual post-retiral dues including pension and its arrears to the petitioner since the date of his retirement i.e. 01.06.2007 as per the recommendations of the Sixth Pay Commission along with 18% interest per annum.

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After arguing at some length, learned counsel for petitioner has submitted that the present writ petition may be disposed of in the light of averment made in paragraph4 of the counter afÏdavit filed on behalf of respondent no. 3 and 4 on 25.12.2013 where the respondents have admitted that the petitioner is entitled for the benefit and in pursuance thereof, 60% payment has been made by Cheque No. 097279 dated 01.10.2010 and remaining 40% salary bills have been prepared and payment is under process, but till date, the remaining 40% has not been paid and the same may be paid with interest at the rate of 18% per annum.

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On the other hand, learned State counsel has submitted that this Court has granted two weeks' time by order dated 18.01.2024 to seek instructions whether remaining 40% amount has been paid or not.

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In pursuance thereof, the letter was sent to respondent no. 3, but till date no instructions have been received.

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After hearing learned counsel for parties, going through the record of the case, it is an admitted case that 40% of the amount has not been paid to the petitioner, which is under process. For convenience, paragraph-4 of the counter afÏdavit is quoted herein below:-

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" That the contents of paragraph 3 of the writ petition except to filing of instant writ petition, rest of the

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averments are misleading, misconceived as stated hence denied. It is further submitted that the petitioner has been paid entire pensionary benefits.

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So far as arrears of salary as per recommendation of 6th Pay Commission is concerned, and payment of 60% of the same amounting to Rs. 34,407/- has been paid to the petitioner vide cheque No. 097279 dated 1.10.2010 and for payment of remaining 40% amount, salary bills have been prepared and payment is under process."

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The respondents themselves admitted in their counter afÏdavit filed in the year 2013 that the remaining 40% amount to the petitioner has not been paid along with an averment that the salary bills have been prepared and the payment is under process, but more than 10 years have been passed but the payment is still under process since it has not been paid to the petitioner till date.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present writ petition is disposed of with a direction to the respondent no. 3 i.e. to ensure payment of remaining 40% amount to the petitioner within a period of six weeks from the date of production/receipt of certified copy of this order.

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Under these circumstances as mentioned that the payment to the petitioner is lingering since a very long time, respondent no. 3 is directed to pay simple interest @ 7% per annum to the petitioner from the date of retirement of the petitioner i.e. 01.10.2007 till the actual payment is made.

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Order Date :- 1.2.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shiv Singh v. State of U.P. through Secy. Revenue Deptt. Lko. and Ors.

Case brief

What is this about?

What did the court decide?

Shiv Singh v. State of U.P. through Secy. Revenue Deptt. Lko. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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