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Smt. Mahraniya v. State Of Up Thru' Secy. Nagar Vikas And Others - WRIT - A No. 69006 of 2005  RD-AH 2279 (30 January 2006)
Court No. 7
Civil Misc. Writ Petition No. 69006 Of 2005
Smt. Mahraniya Vs State of U.P. & Others
Hon'ble Rakesh Tiwari, J.
Heard learned counsel for the petitioner and Sri R.K.Sachan for the respondent-Nigam.
No counter affidavit has been filed by the respondents in spite of opportunity given by the Court, but in pursuance of interim mandamus dated 28.10.2005 the gratuity has been paid to the petitioner without any interest. The other retiral dues have also not been paid.
Sri R.K.Sachan, learned counsel for the respondent-Nigam states that the retiral dues shall be paid to the petitioner shortly.
No reasons are given by the respondents as to why the retiral dues have not been paid though the petitioner has already retired from service. The averments in the writ petition in the absence of counter affidavit are to be taken as correct.
In the circumstances, the writ petition is allowed. Respondent nos. 2 and 3 are directed to pay all the retiral dues of the petitioner within six weeks from the date of production of a certified copy of this order with compound interest at the rates of 10% per annum including interest on the gratuity. In case the entire retiral dues are not paid within the aforesaid time, the same shall be recovered from respondent nos. 2 and 3 within one month thereafter as arrears of land revenue. Rs. 5000/- is imposed as cost upon respondent-Nigam for making the petitioner run from pillar to post to get retiral dues.
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