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Smt. Manju Awasthi v. State Of U.P. Thru' Secre. Nagar Vikas Govt. Of U.P. & Ors. - WRIT - A No. 70257 of 2005 [2006] RD-AH 3865 (17 February 2006)


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Court No.7

Civil Misc. Writ No. 70257 of 2005

Smt.ManjuAwasthi                                                  Petitioner


State of U.P and others.                                     Respondents.

Hon'ble Rakesh Tiwari, J

           Heard counsel for the parties and perused the record.

          The counsel for the petitioner submits that the petitioner has not been paid post death-cum-retiral dues of her late husband as well as family pension by the respondents. The counsel for the respondents has relied upon the averments made in para 6 of the counter affidavit and submits that   the aforesaid dues of the petitioner could not be paid to the petitioner due to financial crisis.

              Financial crisis is not a ground for non-payment of retiral dues of a retired employee as the employee has a right to live with dignity enshrined in Article 21 of the Constitution of India.

         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 retiral 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 her legitimate claim without any just cause. The respondent nos.2 and 3 will also ensure payment of   family pension to the petitioner month to month, as and when it falls due.

Dated 17.2.2006



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