Neutral Citation No. - 2024:AHC-LKO:18478
Court No. - 17
Case :- WRIT - A No. - 793 of 2024
Petitioner :- Umashankar Pathak
Respondent :- Managing Director Pradeshik Co-Operative
Dairy Federation Ltd. Lko And 2 Others
Counsel for Petitioner :- Amar Nath Dubey,Anil Kumar Yadav
Counsel for Respondent :- Shanker Lal,C.S.C.,Pankaj Patel
Hon'ble Manish Mathur,J.
1. Counter affidavit filed today is taken on record.
2. Heard learned counsel for petitioner, learned State counsel
for opposite party no. 2 and Mr. Pankaj Patel, learned counsel
for opposite party no. 3 while notice on behalf of opposite party
no. 1 has been accepted by Mr. Shankar Lal Advocate.
3. Petition has been filed challenging orders dated 25.09.2023/
06.10.2023 only to the extent whereby admissible dues of
petitioner have been denied due to financial crunch.
4. It has been submitted that petitioner superannuated from
service in the year 2016 but thereafter has not been paid the
admissible post retiral benefits pertaining to 19 and 24 years
ACP.
5. Learned counsel appearing on behalf of opposite parties have
submitted that although dues of petitioner are admitted but
payment thereof can not be made due to financial crunch being
faced. It is quite evident from perusal of impugned order itself
that the opposite parties have admitted the dues of petitioner but
refrain from payment of same on account of poor financial
condition.
6. In the considered opinion of this Court, such a ground is not
available to opposite parties once the dues of petitioner are
admitted pertaining to service benefits.
7. Learned counsel has also placed reliance on judgment
rendered in similar circumstances in writ petition No. 922 (S/S)
of 2021, Ram Raj Singh and others versus State of U.P. and
others in which a similar question was under consideration and
was also allowed by means of judgment and order dated 13th
January, 2021.
8. In view of aforesaid, the impugned orders dated 25.09.2023/
06.10.2023 are hereby quashed by issuance of writ in the nature
of Certiorari only to the extent it denies payment of admissible
dues to petitioner due to financial crunch. The opposite parties 2
and 3 i.e. Milk Commissioner/Registrar, Dugdha Sahkari
Samitiyan U.P. Lucknow and General Manager, Producers Co-
operative Milk Union Ltd., Prayagraj respectively are directed
to take a decision with regard to grant of such benefits to
petitioner upon completion of satisfactory service for the
aforesaid time period. Such consideration shall be made by the
opposite parties collectively within a period of eight weeks
from the date a certified copy of this order is produced before
the concerned authorities. In case petitioner is found entitled for
the said benefits, actual benefit thereof shall also be ensured
within a period of three months thereafter.
9. Consequently the petition succeeds and is allowed to the
aforesaid extent. Parties to bear their own costs.
Order Date :- 29.2.2024
Satish
Digitally signed by :-
SATISH KUMAR BHARATI
High Court of Judicature at Allahabad,
Lucknow Bench