YASEEN KHANversusSRI ALOK KUMAR AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 5963 of 2026

Yaseen Khan
                                                                   .....Applicant(s)
                                       Versus

Sri Alok Kumar And Another
                                                                       .....Opposite
                                                                             Party(s)

Counsel for Applicant(s)                     :   Akhilesh Kumar Mishra
Counsel for Opposite Party(s)                :

Court No. - 53
                     HON'BLE VIKAS BUDHWAR, J.

1. The present contempt application has been preferred alleging willful
defiance of the order dated 09.03.2026 passed in Writ-A No. 3185 of 2026,
order whereof is quoted hereinunder.-

     "1. Heard Sri Akhilesh Kumar Mishra, learned counsel for the writ
     petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief
     Standing Counsel for the State.
     2. The case of the writ petitioner is that he was initially appointed as
     Commission Amin in Revene Department and he superannuated on
     31.07.2021 as the writ petitioner was not being paid the pensionary
     benefits so the writ petitioner preferred Writ-A No. 21447 of 2021 in
     which on 28.04.2023, the following orders were passed.-
     "1. Heard learned counsel for the petitioner and Ms. Shachi Srivastava,
     learned Standing Counsel for the State-respondents.
     2. An objection has been raised by the learned Standing Counsel that
     petitioner ought to have impleaded Principal Secretary, Co-operative in
     place of Principal Secretary, Revenue as the petitioner was working in
     the department which comes under Principal Secretary, Co-operative,
     therefore, learned counsel for the petitioner is permitted to correct the
     description of respondent no.1 in the array of parties during the course of
     the day.
     3. This Court after considering the admitted fact on record that an
     amount of Rs.12 lacs towards post retiral dues is outstanding has passed
     the following order on 28.02.2023:-
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"Heard learned counsel for the petitioner and Ms. Shachi Srivastave,
learned standing counsel for the State-respondents.
By means of the instant petition, the petitioner has prayed for the
following relief, which read as under:-
"(a) Issue a writ, order or direction in the nature of mandamus
commanding the respondents to provide the amount of arrears of salary,
gratuity and pension and other retiral service dues to the petitioner with
interest at the market rate within stipulated period, which may be fixed by
this Hon'ble Court.
(b) Issue a writ, order or direction in the nature of mandamus
commanding the respondent No.2 to decide the application made by the
petitioner within specific period, which may be fixed by this Hon'ble
Court."
The record would indicate that this Court by means of the order dated
08.02.2023 had required the learned standing counsel to seek instructions
and inform as to why the post retiral dues of the petitioner have not been
paid. It was also required to be informed that what is the legal
impediment in clearing the aforesaid dues.
In furtherance thereof, learned standing counsel has provided a copy of
the written instructions dated 22.02.2023 under the signatures of the
Assistant Commissioner and Assistant Registrar, Cooperative District
Sant Kabir Nagar i.e. the respondent No.2, wherein it is stated that
various measures have been taken to pay the outstanding dues of the
petitioner and though it was admitted that the same is delayed and it also
states that the remaining dues would be cleared soon, but there is no time
span within which the said dues will be cleared is indicated.
The reason for delay cited is lack of funds which needless to say cannot
be any answer acceptable in law before a Court.
In this view of the matter, the Court directed the learned standing counsel
to seek further instructions and on the basis of oral instructions it has
been informed by Mr. Ravi Prakash Srivatava, Additional District
Cooperative Officer, who has informed that out of the total outstanding of
Rs.54.00 lacs, a sum of Rs.42.00 lacs have been paid and remaining sum
of Rs.12.00 lacs are still outstanding and the same shall be disbursed
soon.
Considering the aforesaid facts that there is an admission on behalf of the
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respondents-authorities indicating that the petitioner has not been paid
the entire post retiral dues despite the fact that the petitioner retired on
31.07.2021 and even as on the date, a sum of Rs.12.00 lacs and odd is
outstanding.
Accordingly, at this stage, the Court directs the respondent No.2 to
ensure that the payment of the remaining outstanding is made to the
petitioner within a period of eight weeks from the date a copy of this
order is placed before the authority. In case, if the same is not done
within a lawful and legally justiciable reason, the Court will contemplate
passing orders regarding payment on interest as well as getting enquiry
held as to why the aforesaid dues were not paid and the recovery of the
interest payable to the petitioner which could be on account of delay and
lethargy on the part of the department the responsibility would be fixed
and any liability which occurs for not paying the dues to the petitioner in
time would be recovered from the officer so found responsible for not
clearing the dues.
List this matter again on 28.04.2023, as fresh."
4. Today, Ms. Shachi Srivastava, learned Standing Counsel has produced
the instruction received from Assistant Commissioner & Assistant
Registrar, Cooperative, Sant Kabir Nagar, which is taken on record,
indicating that as retiral dues and other dues of Collection Amin are to be
paid from the District Account Collection Fund (???? ???? ?????? ) and
only Rs.1 lac could be collected in the said fund, therefore, an amount of
Rs.1 lac is being paid to the petitioner through Cheque No.072483 of
Sahkari Band Ltd. Main Branch, Gola Bazar, Khalilabad, Sant Kabir
Nagar drawn on 19.04.2023 in favour of petitioner which has been
supplied to Sri Akhilesh Kumar Mishra, learned counsel for the petitioner
today in the Court, photocopy of the cheque is taken on record.
5. That fact that petitioner was appointed as Collection Peon and has
retired on 31.07.2021 and more than two years has passed, but admitted
retiral dues of the petitioner has not been released.
6. The submission of learned Standing Counsel that lack of fund is the
reason for non-grant of retiral dues was noted by this Court in its order
dated 28.02.2023.
7. This Court observed that lack of fund cannot be a ground to deny the
rightful claim of the petitioner, consequently, this Court did not accept the
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explanation given by the respondents.
8. As the petitioner is a State Government employee and has retired from
service on 31.07.2021 after discharging his duties satisfactorily, it is the
duty of the State to ensure payment of retiral dues to the petitioner, as the
retiral dues is not bounty, but has been earned by an employee for the
services rendered by him for the State.
9. It is also settled in law that the pension is not a bounty but a hard-
earned benefit by a government servant and is in the nature of the
property.
10. In such view of the fact, this Court is not inclined to accept the
submission of learned Standing Counsel.
11. Accordingly, this Court directs the respondent no.1-Principal
Secretary, Co-operative Development, Government of U.P. Civil
Secretariat, Lucknow to ensure payment of remaining retiral dues and
month to month pension to the petitioner within a period of two weeks
from today. If the payment has not been made before the next date fixed,
the respondent no.1-Principal Secretary, Co-operative Development,
Government of U.P. Civil Secretariat, Lucknow shall remain present
before the Court alongwith record to explain as to how action of
respondents can be justified for non-payment of remain retiral dues of the
petitioner and what is the scheme framed by the State Government in
respect of such employee.
12. List this case in top ten cases on 15.05.2023."
3. Thereafter, an order came to be passed on 15.05.2023 which reads as
under.-
"Heard learned counsel for the petitioner and Ms. Sachi Srivastava,
learned Standing Counsel for the respondents.
Learned counsel for the petitioner states that pursuant to the order passed
by this Court dated 28.04.2023, the grievance of the petitioner has been
redressed.
In such view of the fact, no cause of action survives in the writ petition.
Consequently, the writ petition is dismissed as infructuous."
4. The grievance of the writ petitioner is that the writ petitioner has not
been paid the arrears of pension to the tune of Rs. 8,01,140/- due from
01.05.2023 to June, 2025 with admissible interest and further arrears
from July, 2025 till now.
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                                             5. Learned Additional Chief Standing Counsel submits that the claim of
                                             the writ petitioner needs adjudication at the first instance by third
                                             respondent, District Magistrate, Sant Kabir Nagar.
                                             6. 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 third respondent, District
                                             Magistrate, Sant Kabir Nagar by 27.03.2026. Thereafter, the third
                                             respondent shall decide the claim of the writ petitioner within a period of
                                             two months.
                                             7. In case, the third respondent is of the opinion that the matter needs to
                                             be decided by some other authority, then the papers be transmitted to the
                                             same."

                                    2. Today instructions have been produced, according to which, the claim
                                    of the applicant has been decided on 14.05.2026. A copy of the same be
                                    served upon the learned counsel for the applicant.

                                    3. Since there has been substantial compliance, the present contempt
                                    application is consigned to record leaving it open to the applicant to
                                    question the same before appropriate proceedings.

                                    4. Instructions filed today are taken on record and marked as Appendix 'A'.



                                                                                                      (Vikas Budhwar,J.)
                                    September 23, 2026
                                    Rajesh




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