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Smt. Sunderiya v. State Of Up Thru' Secy. Nagar Vikas And Others - WRIT - A No. 68956 of 2005 [2006] RD-AH 2285 (30 January 2006)


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Court No. 7

                  Civil Misc. Writ Petition No. 68956 Of 2005

                                    Smt. Sunderiya                        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 yet 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. There is no denial of the fact by the respondents that except gratuity, that too without interest, no retiral dues of the petitioner have been paid.  

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 at the same rate. In case the entire retiral dues are not paid within the aforesaid time, the same shall be recovered from respondent nos. 2 and 3 personally within one month thereafter as arrears of land revenue. Cost upon respondent-Nigam for making the petitioner run from pillar to post to get retiral dues is assessed at Rs. 5000/-, which shall also be paid to the petitioner by the respondents within the aforesaid period of one month.

Dated: 30-1-2006



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