Disposed

Doodh Nath Tripathi v. State of U.P. Thru. Prin. Secy. Co. Operative Deptt. U.P. Lko. and 2 Others

Allahabad HC20 May 2025WRIA/5542/2025

Case brief

AI extract

What is this about?

A retired Co-operative Department clerk was not paid pension from July 2021 on the ground of shortage of funds. The Court held that lack of funds is not a lawful excuse to withhold legally due pension and directed payment of arrears within four weeks with regular monthly payments.

What did the court decide?

Direction to pay arrears of pension since July 2021 within four weeks and ensure regular monthly payment of pension.

Doodh Nath Tripathi vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:29830

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Court No. - 18

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Case :- WRIT - A No. - 5542 of 2025

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Petitioner :- Doodh Nath Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Co Operative Deptt. U.P. 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 Staterespondent(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 Co-operative Department while working as Collection/ Cooperative Clerk in District Barabanki on 28.2.2019 claiming that no pension has been paid to him since July, 2021.

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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

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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, Barabanki informs that the pension for the month of July, 2021 has 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

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petitioner since July, 2021 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 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.

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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 :- 20.5.2025 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Doodh Nath Tripathi v. State of U.P. Thru. Prin. Secy. Co. Operative Deptt. U.P. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Doodh Nath Tripathi v. State of U.P. Thru. Prin. Secy. Co. Operative Deptt. U.P. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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