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Gomti Nath Misra v. State Of U.P. And Others - WRIT - A No. 36983 of 2005  RD-AH 3076 (10 February 2006)
Civil Misc. Writ No. 36983 of 2005
G.N. Misra ... Petitioner
State of U.P and others ..... Respondents.
Hon'ble Rakesh Tiwari, J
Heard counsel for the petitioner and perused the record.
Case has been taken up in the revised list but neither counsel for the respondents is present nor any counter affidavit has been filed.
Counsel for the petitioner submits that the petitioner has been discriminated in the matter of payment of retiral benefits as similarly situated employees have been extended the benefit of retiral dues.
Be that as it may, 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 arrears of the retiral dues of the petitioner, from the due date till the date of payment shall be paid by the respondent nos.2 to 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 the Pariwahan Nigam and will also recover the legitimate amount dues 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 no. 2 to 4 to be paid to the petitioner within a month for not taking action for payment of legitimate dues of the petitioner, and in making the poor retired employee run from pillar to post for his legitimate claim without any just cause. The respondent nos.2 to 4 will also ensure payment of pension to the petitioner, month by month, as and when it falls due. No order as to costs
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