High Court of Judicature at Allahabad
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Km. Sonu v. State Of U.P. Thru' Secre., Local Bodies, U.P. And Others - WRIT - A No. 72832 of 2005  RD-AH 2121 (27 January 2006)
Hon'ble Rakesh Tiwari ,J
Heard counsel for the parties and perused the record.
It is not denied by the respondents that after retirement from service on 31.12.2000 the father of the petitioner died on 5.4.2002 and the mother of the petitioner also died on 6.9.2004 without getting any retiral benefits. The grievance of the petitioner is that she has not been paid post death retiral dues of her late father. No counter affidavit has been filed inspite of time being granted to the standing counsel, hence the averments made in the writ petition are taken to be correct. Hence, the petition is being decided without calling for counter affidavit.
The controversy of the instant writ petition is squarely covered by the controversy involved in Civil Misc. Writ No.21297 of 2004 Rasheed Ali Vs.State of U.P. and others decided on 20.9.2005.
In view of ratio decided in Rasheed Ali''s case (supra) this writ petition is allowed with the direction that the aforesaid dues of the petitioner from the due date till the date of payment shall be paid by the respondent nos.2 and 3 with 10% compound interest within a period of one month from today otherwise the State Government will act in accordance with law against the erring officials of Nagar Nigam and will also recover the legitimate amount due to the petitioner as arrears of land revenue within one month thereafter and pay the same to the petitioner forthwith within a week of recovery. Cost is assessed as Rs.5000/- on respondent nos. 2 and 3 to be paid to the petitioner within a month for not taking action for payment of legitimate dues of the petitioner, including family pension and in making the petitioner run from pillar to post for her legitimate claim without any just cause. The respondent nos.2 and 3 will also ensure payment of family pension to the petitioner, month to month, as and when it falls due.
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