Rakesh Kumar Mishra v. Managing Director U.P. Rajya Nirman Sahkari Sangh Limited Lko.
Case brief
What is this about?
Writ petition (WRIT - A No. - 4940 of 2025), Allahabad High Court Lucknow Bench, Rajesh Singh Chauhan, J., order dated 6.5.2025. Subject-matter: non-payment of post-retiral dues to a retired Executive Engineer of U.P. Rajya Nirman Sahkari Sangh Limited (co-operative society); pending show cause notice dated 10.08.2021 proposing recovery of Rs. 19,20,720/-; gratuity withholding and interest under the Gratuity Act for payment beyond 30 days of retirement; interim directions to consider releasing non-withholdable retiral dues including gratuity; counter affidavit/rejoinder timelines; relisting fresh week commencing 14.07.2025. Relevant to research on retiral benefit payments kept pending during disciplinary/show-cause proceedings and interim orders protecting gratuity.
What did the court decide?
Interim directions only; no final adjudication. Respondent given four weeks to file counter affidavit (para 9); rejoinder, if any, within one week (para 10); petition to be listed fresh in the week commencing 14th July, 2025 (para 11); and till the next date of listing the opposite parties may take a decision on paying post-retiral dues which may not be withheld, e.g., gratuity (para 12). The proposed recovery of Rs. 19,20,720/- remains unresolved pending final decision on the show cause notice.