Hari Krishan Vs State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. and 2 Others

Neutral Citation No. - 2025:AHC-LKO:26531

Court No. - 18

Case :- WRIT - A No. - 5001 of 2025

Petitioner :- Hari Krishan Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. And 2 Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- C.S.C.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the

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State-respondent(s).

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

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The instant petition has been filed by the petitioner, who retired from the Cooperative Department while working as Collection/ Co-operative Clerk in District Jalaun on 31.5.2022 claiming that no pension and other dues have been paid to him since February, 2023.

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The ground indicated in the petition is the shortage of funds in the District Collection Fund Account.

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On the instruction, it has specifically been said by learned counsel for the respondents that on account of shortage of funds, the pension could not be paid to the petitioner and efforts are being made to make payment of pension and arrears to the petitioner.

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Despite the aforesaid instruction having been filed, the pension and arrears have still not been paid to the petitioner.

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Today, learned counsel for the respondents, on the basis of instructions sent by Assistant Commissioner and Assistant Registrar, Co-operative, Jalaun, informs that the pension for the month of February, 2023 as well as gratuity, leave encashment, have not been paid to the petitioner and efforts are going on to ensure that the funds are made available by the State government so as to make the payment of entire arrears of pension to the petitioner and also to ensure that regular pension is paid to the petitioner.

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Considering the aforesaid facts, no justifiable and justiciable grounds have been found by this Court, as taken by the respondents regarding shortage of funds where the pension to a retired employee of the department is concerned, inasmuch as funds is the responsibility of the department itself and has got nothing to do with the employee where his valuable rights including the right to receive pension is involved inasmuch as, it is the settled position of law that lack of funds cannot be cited as an excuse to deprive an employee of the benefits which are legally due to him.

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Thus the Court finds that the ground being cited by the respondents for non payment of pension i.e. lack of funds cannot be said to be legal impediment in the eyes of law.

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Keeping in view of the aforesaid discussion, the writ petition is disposed of with a direction to the respondents to ensure the payment of arrears of pension to the petitioner since February, 2023 as well as gratuity, leave encashment and also to ensure that regular pension is paid to the petitioner every month. In case funds are not available in the co-operative department, the State government

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shall ensure that the funds are made available to the said department inasmuch as, department of the State government cannot be allowed to take an excuse that as the State government is not making available the funds, the pension cannot be paid. Let the arrears of pension be paid within a period of four weeks from today and regular payment of pension be also ensured to the petitioner.

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Order Date :- 6.5.2025

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Madhu D.R/P.S

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Hari Krishan v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. and 2 Others

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Hari Krishan v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. and 2 Others

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