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TEJ BAHADUR LAL SRIVASTAVA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Tej Bahadur Lal Srivastava v. State Of U.P. And Others - WRIT - A No. 3281 of 2005 [2006] RD-AH 2189 (27 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari ,J

      Heard counsel for the parties and perused the record.

     It is not denied by the respondents that the petitioner retired from service on 30.4.2002.

    Counter and rejoinder affidavits have been exchanged in this case.

      In para 9 of the counter affidavit it has been stated that the entire arrears of pension and the monthly pension up-to-date have been paid to the petitioner and the other retiral dues will be paid as soon as the funds are available. In the rejoinder affidavit payment of arrears of pension and monthly pension and other retiral dues by the respondents has been denied by the petitioner.

     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.3 and 4 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 Palika Parishad, Mugra Badshahpur, Jaunpur 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. 3 and 4 to be paid to the petitioner within a month for not taking action for payment of legitimate dues of the petitioner, including pension and in making the petitioner run from pillar to post for his legitimate claim without any just cause. The respondent nos.3 and 4 will also ensure payment of pension to the petitioner, month to month, as and when it falls due.

Dated 27.1.2006

CPP/-3281-2005


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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