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Sarvari And Others v. State Of U.P. And Others - WRIT - A No. 9496 of 2006 [2006] RD-AH 3735 (16 February 2006)


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Court No.7

Civil Misc. Writ No. 9450 of 2006

Maheshwari                                                            ...          Petitioner


State of U.P and others                                          .....       Respondents.

Hon'ble Rakesh Tiwari, J

Heard counsel for the petitioner and perused the  record.

           The wife of the petitioner died on 19.10.85. The pension book has been issued to the petitioner in which arrears of pension and the balance post death cum-retrial dues payable to the petitioner are admitted by the respondents.

In the circumstances, no useful purpose would be served by keeping this writ petition.

  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 the Nagar 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 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, and in making the petitioner run from pillar to post for his legitimate claim without any just cause. The respondent nos.2 and 3 will also ensure payment of pension to the petitioner, month to month, as and when it falls due. No order as to costs

Dated 16.2.2006



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