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SHYAM LAL versus STATE OF U.P. THRU' SECRETARY NAGAR VIKAS AND OTHERS

High Court of Judicature at Allahabad

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Shyam Lal v. State Of U.P. Thru' Secretary Nagar Vikas And Others - WRIT - A No. 9428 of 2006 [2006] RD-AH 3741 (16 February 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

Court No.7

Civil Misc. Writ No. 9428 of 2006

Shyam Lal                                                           ...          Petitioner

                                                                         Vs.

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

Hon'ble Rakesh Tiwari, J

Heard counsel for the petitioner and perused the record.

           The petitioner retired on 30.9.2001 The pension book has been issued to the petitioner. The grievance of the petitioner is that he has not been paid the retrial dues and is also not being paid pension regularly which has not been denied 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

                  CPP/-


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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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