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Raghupati Upadhayaya v. State Of Up Thru' Finance Controller And Others - WRIT - A No. 59606 of 2005 [2006] RD-AH 4481 (24 February 2006)


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Court No.7

Civil Misc. Writ No.59606 of 2005

Raghupati Upadhyaya                      ...                  Petitioner


State of U.P. and others                                  Respondents                        

Hon'ble Rakesh Tiwari, J

           Heard counsel for the petitioner and perused the record.

           The petitioner retired from service on 30.6.2004.The grievance of the petitioner is that he has not been paid the post retrial dues and the pension in view of the revised pay scale as yet by the respondents.

         Inspite of repeated time having been granted to the counsel for the respondents till date no counter affidavit has been filed, hence the averments made in the writ petition are taken to be correct.

          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. 3 to 6 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  Jal 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. 3 to 6 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.3 to 6 will also ensure payment of pension to the petitioner, month to month, as and when it falls due. No order as to costs

Dated  24.2.2006



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