MAHESH PRASAD CHATURVEDI versus U.P. POWER CORP THRU CHAIRMAN AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mahesh Prasad Chaturvedi v. U.P. Power Corp Thru Chairman And Others - WRIT - A No. 36284 of 2005 [2006] RD-AH 3935 (20 February 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.7

Civil Misc. Writ No. 36284 of 2005

             Mahesh Prasad Chaturvedi                                    Petitioner

                                             Vs.

U.P. Power Corporation,  Lucknow and others  Respondents

Hon'ble Rakesh Tiwari, J

           Heard counsel for the parties and perused the record.

           It is the case of the petitioner that he retired from the service of respondent- Corporation on 30.11.2004.

The counsel for the petitioner submits that despite the petitioner having completed all formalities with regard to payment of his post retrial dues, the same have yet not been paid to the petitioner. He further submits that payment of post other retrial dues is his statutory right, which is not paid as a grace or bounty.

          Neither the respondents have replied to the show cause notice nor have filed counter affidavit inspite of stop order having been passed. They have also not complied with the order-dated 20.7.2005 passed by this Court, hence the averments made in the writ petition are taken to be correct.

          For the reasons stated above, the 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, 3 and 4 with 10% compound interest and 6% penal 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  U.P. Power Corporation 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, 3 and 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 petitioner run from pillar to post for his legitimate claim without any just cause. The respondent nos.2, 3 and 4 will also ensure payment of   pension to the petitioner month to month, as and when it falls due.

Dated 20.2.2006

               CPP/-

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