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Smt. Shanti Tripathi v. State Of U.P. And Others - WRIT - A No. 14025 of 2006 [2006] RD-AH 5639 (8 March 2006)


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Court No.7

Civil Misc. Writ Petition No. 14025 of 2006

Smt. Shanti Tripathi


State of U.P and others


Hon'ble Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.

The Standing Counsel has accepted notices on behalf of respondent nos.1 and 2 while Sri A.K.Srivastava has accepted notices on behalf of respondent nos. 3 and 4.

The petitioner had been retired on 31.12.2002 from the post of Assistant Teacher in a Nursery School at South Malaka,

Allahabad. The grievance of the petitioner is that payment of the admitted amount of gratuity, i.e., Rs. 1,25,384/- and arrears of monthly pension of 13 months after her retirement have not still been paid to her.

           An employee is entitled to retiral benefits for which formalities have to be got completed by the departments before the date of retirement of the employee. Non-payment of retiral dues is hit by Article 21 of the Constitution of India.

            In the circumstances, the respondents are directed either to pay the aforesaid dues of the petitioner with 10 per cent compound interest from due date till the date of payment within a period of 6 weeks from today or they may show cause within two months by filing counter affidavit. In case the cause is not shown by filing counter affidavit within the time allowed by this Court, respondent nos. 3 and 4 shall be personally present in Court on the date fixed.


List this case on 16.5.2006.

Dated: 8.3.2006



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