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Allahabad High Court

KALLUversusU.P. STATE BRIDGE CORPORATION LTD AND 4 OTHERS

Decided

Holding

The Court did not grant the writs but ordered the petitioner to file fresh representation and the corporation to decide the matter after a hearing, thereby disposing of the petition.

Summary

Kallu, a former Class IV employee of U.P. State Bridge Corporation Ltd, retired on 31 May 2014 and alleges that the corporation released a lower quantum of his post‑retirement dues without considering his objection or granting a hearing. He filed a writ petition seeking a certiorari to quash the corporation's letter dated 28‑08‑2024 and mandamus directing recalculation and payment of gratuity, EPF, salary arrears, leave encashment, pension, group insurance and other allowances, along with interest. The corporation contended that the objection would be considered in accordance with law. The High Court, after hearing both sides, directed the petitioner to file a fresh representation within one month, after which the corporation must decide the matter within two months, providing a hearing. No relief was granted; the petition was disposed of.

Issues considered

  • What is the effect of a decision on post‑retirement dues made without hearing the employee's objection?
  • Whether the High Court can quash the corporation's letter and issue mandamus directing payment of the alleged dues.

Subjects

  • retirement benefits
  • gratuity
  • EPF
  • leave encashment
  • pension
  • mandamus
  • certiorari
  • natural justice
  • hearing
  • post‑retirement dues
  • administrative law

Judgment

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                             WRIT - A No. - 3733 of 2026

Kallu
                                                                        .....Petitioner(s)
                                         Versus
U.P. State Bridge Corporation Ltd And 4 Others
                                                                      .....Respondent(s)

Counsel for Petitioner(s)                                  :   Pramod K. Gupta
Counsel for Respondent(s)                                  :   Nagesh Kumar

Court No. - 34
                       HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for petitioner and Sri Nagesh Kumar, learned counsel for
respondents.

2. The writ petition is filed with the following prayer:

"1. To issue a Writ, Order or Direction in the nature of certiorari, quashing the
impugned letter dated 28.08.2024 (up to the extent of making "lesser payments" and
"denial of payment under some heads") issued by the respondent no. 1.

2. To issue a Writ, Order or Direction in the nature of Mandamus, commanding the
respondent No. 1, to re-consider the petitioner's claim and to pay the
arrears/differences of the post retiral dues (as detailed in Paragraph no. 37), viz.
Gratuity, E.P.F. and arrears of salary, as well as to pay the withheld dues viz. Leave
encashment, arrears of pension, Group insurance (GIS), and arrears of allowances,
all on the basis of actual "revised last drawn salary", similar to and payable to the
other regular retired employees of the corporation, along with Interest @18% PA and
penal interest for delayed payment of gratuity, from the date of retirement till the date
of actual payment, as well as to pay/release the 'pension' regularly month to month,
deciding representation/objection dated 23.04.2025, as revised and paid, in the case
of Pyare Lal, within the stipulated period to which this Hon'ble Court may deem fit.

3. To issue a Writ, Order or Direction in the nature of Mandamus, commanding the
respondent No. 1, to provide a six-monthly List showing revised salary structures
(basic-pay, grade pay, DA% and annual increments) from January, 2010 till date of
retirement as well as the "revised last pay certificate" of the petitioner."

3. It is submitted by learned counsel for petitioner that petitioner was working as Class
IV employee under the respondent-U.P. State Bridge Corporation Limited. Learned
counsel for petitioner submits that petitioner has retired on 31.05.2014 and some of
the retiral dues have been released, however, quantum of the release of retiral dues is
not in accordance law. Learned counsel for petitioner submits that lessor amount has
                                                                                                      WRIA No. 3733 of 2026
                                                                         2

                                    been released. In respect of which, petitioner has already filed an objection, which is
                                    at page 51 of the paper book. Learned counsel for petitioner submits that without
                                    considering the objection of the petitioner and without giving opportunity of hearing,
                                    retiral dues have been calculated and as such, objections raised by the petitioner are
                                    required to be considered in accordance with law.

                                    4. Learned counsel for respondents submits that objection of petitioner in respect of
                                    retiral dues would be considered by respondent no.1 in accordance with law in a time
                                    bound manner.

                                    5. Considering the facts and circumstances of the case, it is hereby provided that
                                    petitioner shall file fresh representation giving detail reasons to the release of the
                                    lessor retiral dues within a period of one month from today along with a certified copy
                                    of this order. In the event any such representation is filed, respondent no.1 shall decide
                                    the same within a period of two months thereafter after giving opportunity of hearing
                                    to the petitioner.

                                    6. With the aforesaid observation/direction, the writ petition stands disposed of.

                                    March 19, 2026
                                    D. Tamang
                                                                                                  (Vikram D. Chauhan,J.)




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad


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