Allahabad High Court
RADHEYSHYAM TIWARIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court held that the writ petition could not be entertained on its merits and was dismissed, directing the petitioner to file a fresh representation for his dues.
Summary
The petitioner, Radheyshyam Tiwari, filed a writ petition alleging non-payment of his retiral dues, specifically dearness allowance and other amounts. The respondents, including the State of Uttar Pradesh and U.P.S.R.T.C., contended that the petitioner's pension had been re-fixed by an order dated 09.09.2022 and that no further dues were payable. The petitioner argued that despite the pension fixation, dearness allowance and other dues remained outstanding. The Court observed that the matter could be more appropriately addressed through a fresh representation rather than continued litigation. Consequently, the Court disposed of the writ petition without addressing the merits, directing the petitioner to file a fresh representation within three weeks, accompanied by requisite documents, and for the respondent to decide the matter within three months. The petition was thus finally disposed of.
Issues considered
- Whether the petitioner is entitled to dearness allowance and other retiral dues notwithstanding the re-fixation of his pension.
Subjects
- pension
- dearness allowance
- retiral dues
- writ petition
- representation
- administrative law
- U.P.S.R.T.C.
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14819 of 2026
Radheyshyam Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kanhaiya Lal Tiwari, Sudhanshu
Srivastava
Counsel for Respondent(s) : C.S.C., Sudhanshu Srivastava
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties and perused the record on Board.
2. The petitioner has raised grievance regarding non-payment of his retiral
dues.
3. Shri Sudhanshu Srivastava, learned counsel appearing on behalf of
respondents no.2 to 5 has contended that the petitioner's pension was re-
fixed by the order dated 09.09.2022, which was acknowledged in the
order dated 16.05.2023 while deciding the representation dated
20.03.2023 submitted by the petitioner. He further contends that no retiral
dues are payable to the petitioner.
4. In reply, learned counsel appearing on behalf of the petitioner submits
that dearness allowance and other dues are still to be paid to the
petitioner.
5. In view of the above, no useful purpose would be served by keeping this
matter pending; therefore, this Court deems it appropriate to finally dispose
of the present writ petition, without making any observation on the merits of
the case, with liberty to the present petitioner to move a fresh representation
with respect to his grievances, as raised in this petition, within a period of
three weeks from today, along with a certified copy of this order and a self
attested copy of the instant writ petition before the Managing Director,
U.P.S.R.T.C., Lucknow (respondent no.2), who, in turn, shall consider and
decide the same in accordance with law, expeditiously, preferably within a
WRIA No. 14819 of 2026
2
period of three months from the date of production of the same.
6. With the aforesaid direction, instant writ petition stands finally
disposed of.
(Dinesh Pathak,J.)
September 23, 2026
VR
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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