Rajendra Kumar Agarwal and 28 Others Vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Urban Development Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Rajendra Kumar Agarwal and 28 Others Vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Urban Development Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ of mandamus commanding respondents to make regular payment of pension every month along with D.A.; arrears of pension along with D.A. to be paid with admissible interest within four weeks from receipt of a certified copy of the order.

Issue for consideration

Whether financial crunch/crisis faced by the employer (Jal Nigam) is a valid ground for non-payment of pension and other retiral dues to retired employees. +1 more

Court's answer

Adopting the ratio of Shiv Nath Singh (Writ A No.7811 of 2024), as affirmed by the Division Bench in Special Appeal Defective No.208 of 2025, financial crunch is not a valid ground for non-payment of pension and other retiral dues.

Ratio / Principle

A writ of mandamus is issued commanding the respondents to make regular payment of pension every month along with D.A.

Key takeaways

Arrears of pension along with D.A. shall be paid with admissible interest within four weeks from the date of receipt of a certified copy of the order.ratio¶¶16

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Abdul Moin, J.), common judgment dated 18.7.2025 in WRIT - A No. - 7676 of 2025 (Rajendra Kumar Agarwal And 28 Others) and WRIT - A No. - 7803 of 2025 (Uma Shanker And 13 Others). Petitioners, retired employees aged between 63 to 84 years, complained that their pension was not being paid regularly but in a block of 6 months; counsel for the Jal Nigam attributed this to financial crunch. Holding that financial crunch cannot be a valid ground for non-payment of retiral dues — following the Court's decision in Writ A No.7811 of 2024 (Shiv Nath Singh & 2 Ors vs State of U.P. & 2 Ors) as affirmed by the Division Bench in Special Appeal Defective No.208 of 2025 (U.P. Jal Nigam (Urban) & Anr vs Shiv Nath Singh & Ors) — the Court allowed the writ petitions and issued a writ of mandamus commanding the respondents to pay pension regularly every month along with D.A., with arrears of pension along with D.A. to be paid with admissible interest within four weeks from receipt of a certified copy of the order.

Neutral Citation No. - 2025:AHC-LKO:41111

Court No. - 5

1. Case :- WRIT - A No. - 7676 of 2025

Petitioner :- Rajendra Kumar Agarwal And 28 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Urban Development Deptt. Lko. And 3 Others Counsel for Petitioner :- Savita Jain Counsel for Respondent :- C.S.C.,Rishabh Kapoor

2. Case :- WRIT - A No. - 7803 of 2025

Petitioner :- Uma Shanker And 13 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Lko. And 3 Others Counsel for Petitioner :- Deepak Singh Counsel for Respondent :- C.S.C.,Rishabh Kapoor

Hon'ble Abdul Moin,J.

1 . Heard learned counsel for the petitioner, learned Standing Counsel for the respondents-State and Shri Pawan Kumar Pandey, Advocate who files vakalatnama on behalf of respondents No.2 to 4.

2 . Learned counsels for the parties contend that the issue involved in both the writ petitions are same. As such, the Court proceeds to hear both the writ petitions together and they are being decided by way of a common judgement. For convenience, facts of WRIT - A No. - 7676 of 2025 are being taken.

3 . With the consent of the parties, the matter is being decided finally.

4 . The petitioners, who are all retired employees aged between 63 to 84 years are before this Court, contending that their pension is not being paid regularly rather is being paid in a block of 6 months and the petitioners being all retired employees have no other source of income other than pension so there cannot be any occasion for the pension being paid intermittently to them.

5 . On the other hand, Shri Pawan Kumar Pandey, learned counsel appearing for the Jal Nigam states that on account of financial crunch with which the Jal Nigam is seized, it would not be possible to pay

regular pension to the petitioners.

6 . Thus, it emerges that on account of financial crisis with which the Jal Nigam is seized, regular pension is not being paid to the petitioners.

7 . Whether the ground of financial crunch is considered a valid ground for non payment of pension and other retiral dues has already engaged attention of this Court in the Writ A No.7811 of 2024 In Re Shiv Nath Singh & 2 Ors vs State of U.P. & 2 Ors , as affirmed by the Division Bench of this Court in Special Appeal Defective No.208 of 2025 In Re U.P. Jal Nigam (Urban) & Anr vs Shiv Nath Singh & Ors wherein this Court has held that financial crunch cannot be a valid ground for non payment of retiral dues.

8 . Keeping in view the aforesaid, the writ petition is allowed . A writ of mandamus is issued commanding the respondents to make regular payment of pension every month along with D.A. The arrears of pension along with D.A. be paid with admissible interest within a period of four weeks from the date of receipt of a certified copy of this order.

Order Date :- 18.7.2025 prateek

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench