Allahabad High Court
NEKI RAMversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The petition was disposed of in accordance with the coordinate bench’s earlier order, effectively dismissing the reliefs sought.
Summary
The petitioner, a former pump operator who retired on 31 July 2024, filed a writ petition seeking a mandamus directing the respondent department to release his pending retiral dues, including pension arrears, gratuity, leave encashment, insurance, and dearness allowance with interest, and to decide his representations filed on 29 October 2025. The respondents argued that financial constraints prevented immediate payment and that the department was processing dues chronologically, citing a prior coordinate bench decision in Vineeta Devi v. State of U.P. that ordered similar chronological payments. The petitioner’s counsel contended that the dues had been withheld unlawfully. The court examined the earlier coordinate bench order and found no ground to depart from it, thereby disposing of the petition in accordance with that order. Consequently, the petition was dismissed without granting the reliefs sought.
Issues considered
- Whether the department is obligated to release the petitioner’s pending retiral dues despite alleged financial constraints.
- Whether a mandamus can be issued directing the department to decide the petitioner’s representations within a stipulated period.
Subjects
- retiral dues
- pension arrears
- mandamus
- writ petition
- financial constraints
- chronological payment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7481 of 2026
Neki Ram
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Dubey
Counsel for Respondent(s) : Abhinav Shukla, C.S.C., Suresh Singh
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, Sri V.K. Rai, learned counsel for
the respondents No. 2 to 5, Sri Abhinav Shukla, learned counsel for the Life
Insurance Corporation of India (respondent No. 6), learned Standing
Counsel representing State-respondent No. 1 and perused the record on
board.
2. This writ petition has been filed, inter alia, seeking following reliefs:
"(1) issue a writ, order or direction in the nature of mandamus commanding and
directing the respondent no. 2 to release the retiral dues of the petitioner like arrears
of pension since August, 2024 to November, 2024 as well as current arrears of
pension since January 2026 to April 2026, Gratuity, Leave encashment, Group
Insurance & arrears of Dearness Allowance along with interest @ 12% per annum to
the petitioner.
(II) issue a writ, order or direction in the nature of mandamus commanding and
directing the respondent no. 2 to decide and pass order on the representations of the
petitioner dated 29.10.2025 (Annexure No. 2 to the Writ Petition) within stipulated
period at an early date as may be fixed by this Hon'ble Court."
3. It has been submitted that the petitioner has attained the age of
superannuation on 31.07.2024 while serving on the post of Pump Operator.
Since the date of retirement, partial retiral dues have not been disbursed to
him.
4. Learned counsel for the respondent No. 6 has contended that all the
amount admissible under the insurance policy have already been paid to the
petitioner.
WRIA No. 7481 of 2026
2
6. Learned counsel for the respondents No. 2 to 5 contended that due to
financial crunch in the department, proper payment could not be made to the
employees, and the department is trying to make the payment
chronologically, from the oldest cases to the latest cases. It is further
submitted that in similar circumstances, a Coordinate Bench of this Court, in
the matter of Vineeta Devi Vs. State of U.P. and 3 Others, Writ A
No.3095 of 2026, decided on 25.03.2026, has issued directions to pay the
retiral dues to the employees in a chronological manner.
7. In this conspectus, as above, the instant petition is finally disposed of in
terms of the order dated 25.03.2026 passed by the Coordinate Bench of this
Court in case of Vineeta Devi Vs. State of U.P. and 3 Others, Writ A
No.3095 of 2026.
May 18, 2026
vinay
(Dinesh Pathak,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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