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Smt. Kallo Devi v. State Of U.P. And Others - WRIT - A No. 71131 of 2005  RD-AH 4510 (24 February 2006)
Hon'ble Rakesh Tiwari , J.
Heard learned counsel for the parties and perused the record.
The petitioner was working as a Safai Karmchari (Class IV employee) in Nagar Nigam, Allahabad. She had been retired from service on 31.3.2002. She alleges to have not been paid her retiral benefits. She has moved several representations in this regard, but all of them fell on the deaf ears of the respondents despite order dated 18.11.2005 of this Court directing the respondents to pay the entire retiral dues of the petitioner within a period of six weeks or show cause within a period of two months.
In para 19 of the counter affidavit it has been submitted that the Nagar Nigam, Allahabad is making best efforts to pay all retiral dues of the petitioner as and when fund is received by the Nagar Nigam, Allahabad in their source of income. It is further stated that the petitioner has been paid Rs. 16,560/- towards gratuity and Rs. 18,253/- towards leave encashment vide Cheque No. 517960 dated 1.2.2006 and that the balance amount of retiral dues will be paid shortly.
Admittedly the payment is due. The U.P. Palika (Centralized Service) Rules, 1968 govern the services of the petitioner. According to the U.P. Palika (Centralized Service) Rules, 1968 all legal formalities for payment of retiral dues are to be completed before retirement of the employees. An employee has a constitutional right to live with dignity enshrined under Article 21 of the Constitution.
The controversy of the instant writ petition is squarely covered by the ratio laid down in Civil Misc. Writ No. 21297 of 2004 (Rasheed Ali Vs. State of U.P. and others) decided on 20.9.2005.
In the circumstances, no useful purpose would be served by keeping this writ petition pending.
In view of the ratio laid down in Rasheed Ali''s case (supra) this writ petition is allowed with the direction that the respondents 2 to 4 will ensure payment of entire post-retiral dues of the petitioner with compound interest at the rate of 10% per annum within a period of six weeks from the date of production of a certified copy of this order. In case of default recovery of the balance amount of retiral dues shall be made from the erring officers as arrears of land revenue within one month thereafter and shall be paid to the petitioner forthwith within a week of its recovery. Cost is assessed at 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 post-retiral dues within time in accordance with the G.O. dated 13.12.77 and in making the poor employee run from pillar to post for her post-retiral benefits without any just cause.
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