Allahabad High Court
BUDDHIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the petition by directing the petitioner to appear before the Executive Officer to complete formalities, without expressing a substantive view on the entitlement to the benefits.
Summary
The petitioner, a former Class‑IV employee, retired on 31‑12‑2025 and filed a writ petition seeking a mandamus directing the Executive Officer of Nagar Panchayat, Goverdhan to pay his pension, gratuity and arrears of cost of living allowance (A.C.P.). He alleged that despite repeated representations, the respondents had not released these benefits. The respondents contended that A.C.P. had already been paid and that only pension and gratuity remained pending, subject to verification of certain documents, which the petitioner could facilitate. The Court, finding no merit-based observation necessary, ordered the petitioner to appear in person before the Executive Officer within two weeks, accompanied by the order and a self‑attested copy of the petition. Upon the petitioner's appearance, the respondent was directed to complete all formalities and refer the matter to the competent authority for immediate payment of pension and gratuity. Consequently, the writ petition was finally disposed of without a substantive ruling on the merits.
Issues considered
- Whether the Executive Officer is obligated to pay the petitioner's pension, gratuity and A.C.P. without further document verification, warranting issuance of a mandamus.
Subjects
- pension
- gratuity
- arrears of cost of living allowance
- mandamus
- writ petition
- service law
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14135 of 2026
Buddhi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Raksha Yadav
Counsel for Respondent(s) : Anil Kumar Pandey, C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties and perused the record on Board.
2. This writ petition has been filed, inter alia, seeking the following
relief:-
"Issue a writ, order or direction in the nature of mandamus directing the
Executive Officer, Nagar Panchayat, Goverdhan, District Mathura,
respondent no.2 to pay the petitioner his pension, gratuity and A.C.P.,
forthwith."
3. Learned counsel appearing on behalf of the petitioner submits that the
petitioner attained the age of superannuation on 31.12.2025 while serving
as Class-IV employee. Despite the repeated representations moved on his
behalf, the contesting respondents have not released the pension, gratuity
and benefits of A.C.P. to him.
4. Shri Anil Kumar Pandey, learned counsel appearing on behalf of
respondents no.2 & 3 has contended that benefit of A.C.P. has already
been given to the petitioner. Only payment of gratuity and pension are
remains to be paid for want of verification of certain documents. He
further submits that, in case, the petitioner participates in the verification
of the documents, remaining payment towards pension and gratuity would
be paid to him.
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending. Therefore, this Court deems it appropriate to
WRIA No. 14135 of 2026
2
finally dispose of the present writ petition, without making any observation
on the merits of the case, with a direction that the petitioner shall appear in
person before the Executive Officer, Nagar Panchayat Goverdhan, District
Mathura (respondent no.2) within a period of two weeks from today, along
with the formal application and a certified copy of this order as well as a self
attested copy of the instant writ petition. Upon physical presence of the
present petitioner, the respondent no.2 shall complete all the formalities and
refer it to the authority competent to complete further formalities regarding
payment of pension and gratuity, forthwith.
6. With the aforesaid direction, instant writ petition stands finally
disposed of.
(Dinesh Pathak,J.)
September 9, 2026
VR
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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