Maithli Sharan Srivastava vs State of U.P. Thru. the Prin. Secy. Urban Development Deptt. Lko. and 6 Other

Heard Sri Mohan Singh, learned counsel for the writ petitioner, Ms. Meera Singh, learned Standing Counsel for the State and Sri Anil Kumar Tripathi for Nagar Palika Parisad, Gonda.

¶12

The writ petitioner claims to have superannuated on 31.08.2016 on the class IV post. Since according to the writ petitioner, he was not being paid the post retiral benefits so he preferred Writ-A No. 8657 of 2022 in which on 20.12.2022, the following orders were passed.-

¶13

"Heard Sri Mohan Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1,2,3 and 6 and Sri Satish Chandra Kashish, learned counsel for the respondent nos. 4 and 5.

¶14

Submission of learned counsel for the petitioner is that the petitioner has retired after attaining the age of superannuation on 31.08.2016. Though some payments have been made but arrears of pension and gratuity has not been paid to the petitioner till date.

¶15

Learned counsel for the respondent nos. 4 and 5 submits that the payment could not be made due to financial constraints. However, the same would be paid within a period of 6 months.

¶16

On the other hand, learned counsel for the petitioner submits that marriage of the son of the petitioner has been settled. Therefore the petitioner is in urgent need of money.

¶17

In view of above and looking to the date of retirement of the petitioner in the year 2016, the writ petition is disposed of with direction to the respondent nos. 4 and 5 to make the payment within a period of three months from today with interest @ 6% per annum."

¶18

Alleging non compliance of the said order, the writ petitioner preferred Contempt Application (C) No. 2034 of 2023 in which on 21.01.2026, the following orders were passed.-

¶19

"Compliance affidavit has been filed on behalf of respondent, which is taken on record, enclosing therein the details of amount paid as interest on delayed payment @

¶20

WRIA No. 4021 of 2026

¶21

2

¶22

6% per annum.

¶23

Learned counsel for the applicant after arguing at some length has submitted that the judgement and order passed by writ court has been complied with and for all practical purposes the present contempt application has become infructuous and the same may be dismissed as infructuous but with liberty to the applicant that if he has still any grievance, he may challenge the same before the appropriate forum.

¶24

As prayed, the present contempt application/ petition is dismissed as infructuous.

¶25

The notice, if any, issued against the respondent is hereby discharged.

¶26

The applicant is at liberty to challenge if he has any grievance, as may be permissible under the law."

¶27

Grievance of the writ petitioner is that he has not been paid the full amount as in this regard, he seeks to invite the attention of the Court towards paragraph no. 23 of the writ petition which is quoted hereinunder.-

¶28

"That before and during pendency of the contempt case, the opposite party no. 6 has paid the following amount towards the petitioner's retiral dues including interest amount i.e. 16,82,577.21/-, which is being given as under:

¶29

िदनांक	बकाया रािश	भुगतान रािश	अवशेष रािश	िदन	ब्याज
15.04.2023	1682577.21	100000/-	1582577.21	25	6503.74
10.05.2023	1589080.95	100000/-	1489080.95	49	11994.24
28.06.2023	1501075.19	100000/-	1401075.19	49	11285.37
16.08.2023	1412360.56	200000/-	1212360.56	73	14548.33
28.10.2023	1226908.89	25000/-	1201908.89	33	6519.94
01.12.2023	1208428.83	50000/-	1158428.83	35	6664.93
05.01.2024	1165093.76	50000/-	1115093.76	35	6415.60
09.02.2024	1121509.36	231664	889845.36	89	13018.56
09.05.2024	902863.92	200000/-	702863.92	74	8549.90
13.07.2024	711413.82	39968/- (+30032/- arrears of 7th pay scale)	671445.82	39	4304.61

¶30

3

¶31

WRIA No. 4021 of 2026

¶32

21.08.2024	675750.43	77498/-	598252.43	257	25274.12
05.05.2025	623526.55	153452/-	470074.55	260	20090.85
20.01.2026	490165.40	200000/-	290165.40	83	3958.97
13.04.2026	294124.37	--------	294124.37
Total		1527582/-

¶33

Prayer in the present petition is to make the entire payment.

¶34

Learned counsel for the Nagar Palika submits that in this regard, the writ petitioner may prefer representation before the Executive Officer, Nagar Palika Parisad, Gonda who shall examine the said issue.

¶35

7.Considering the submission so made across the bar, the writ petition stands disposed of directing the writ petitioner to submit a comprehensive representation along with self attested copy of the writ petition and certified copy of the order before the sixth respondent, Executive Officer, Nagar Palika Parishad, Gonda. Thereafter, the sixth respondent shall decide the claim of the writ petitioner within a period of three months.

¶36

(Vikas Budhwar,J.)

¶37

April 20, 2026

¶38

Rajesh

¶39

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

Maithli Sharan Srivastava v. State of U.P. Thru. the Prin. Secy. Urban Development Deptt. Lko. and 6 Other

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Maithli Sharan Srivastava v. State of U.P. Thru. the Prin. Secy. Urban Development Deptt. Lko. and 6 Other

Case brief

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