Disposed¶16

Kamla Devi v. State of Up and 4 Others

Allahabad HC15 May 2025WRIA/6643/2025

Case brief

AI extract

What is this about?

Retiral dues delay; arrears of pension 1.7.2022-30.9.2022; gratuity; GPF; 9% interest per annum; compliance affidavit 23.05.2025; three-month payment undertaking; non-payment alleged on 28.07.2025; six-week payment directive; strict orders/recovery from salary account on default; writ petition disposed of.

What did the court decide?

Observation/direction that the remaining retiral dues shall be paid within six weeks; warning that renewed approach for the same relief upon default may result in strict orders against respondents, possibly including recovery from their salary accounts. ¶16

Kamla Devi vs State of Up and 4 Others — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:123849

¶2

Court No. - 5

¶3

Case :- WRIT - A No. - 6643 of 2025

¶4

Petitioner :- Kamla Devi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Devendra Dahma Counsel for Respondent :- C.S.C.

¶5

Hon'ble Saurabh Shyam Shamshery,J.

¶6

Heard Sri Devendra Dahma, learned counsel for petitioner and Sri S. Shekhar, learned Additional C.S.C. for State.

¶7

This writ petition was filed seeking following relief :-

¶8

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to make payment of arrears of pension w.e.f. 1.7.2022 to 30.9.2022, gratuity, GPF and other retiral dues admissible to the petitioner together with 9% interest per annum within stipulated time as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

¶9

A compliance affidavit of 23.05.2025 was taken on record and following order was passed on 26.05.2025 :-

¶10

“Affidavit filed on behalf of the respondent nos. 3 and 4 is taken in the record.

¶11

Affidavit filed by Sri Ashutosh Kumar, learned counsel holding brief of Sri Devendra Kumar, learned counsel for the respondents no. 3 and 4 discloses that the amounts due to the petitioner and also details of the amounts has been disbursed to him. The affidavit categorically asserts that the remaining amount shall be paid within a period of three months.

¶12

Sri Devendra Dahma, learned counsel for the petitioner prays for and is granted three weeks time to file response to the aforesaid affidavit.

¶13

Put up on 28.07.2025 in the list of fresh cases.”

¶14

Learned counsel for petitioner submits that aforesaid amount has still not been paid.

¶15

Learned Additional C.S.C. submits that respondents have sought 3 months’ time to pay remaining amount which still has not expired.

¶16

In aforesaid circumstances, this writ petition is disposed of with an observation that remaining amount shall be paid within a period of six weeks from today and in case of default and petitioner is constrained to approach this Court again for same relief, it may be a reason to pass strict order against respondents which may include recovery of amount from concerned respondents from their salary account.

¶17

Order Date :- 28.7.2025 N. Sinha

¶18

Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad

Kamla Devi v. State of Up and 4 Others

Case brief

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Kamla Devi v. State of Up and 4 Others

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