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ZILA PANCHAYAT KANPUR DEHAT AND ANOTHER versus SHIV SAGAR TRIPATHI AND OTHERS

High Court of Judicature at Allahabad

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Zila Panchayat Kanpur Dehat And Another v. Shiv Sagar Tripathi And Others - WRIT - A No. 15289 of 2006 [2006] RD-AH 6200 (21 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 34

CIVIL MISC. WRIT PETITION NO. 15289 OF 2006

Zila Panchayat Kanur Dehat & Anr.-------------    Petitioners              

Versus.

Shiv Sagar Tripathi & Ors.        -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Dilip Gupta, J.

This writ petition is directed against the order dated 3rd December, 1999, passed by the State Public Service Tribunal, Lucknow (hereinafter called the Tribunal) in Claim Petition No. 2622 of 1998, filed by Shiv Sagar Tripathi, who has been arrayed as respondent no. 1 in this petition.

The claim petition had been filed for payment of post-retiremental benefits. The only plea raised on behalf of the petitioners before the Tribunal was non-availability of the requisite funds. The Tribunal has observed that the public servant cannot be deprived of his rightful claim, which cannot be denied merely on the ground of non-availability of the funds. It has, accordingly, directed that the petitioners should make the payment of the unpaid amount along with the interest @ 12% per annum w.e.f. 1st January, 1993 upto the date of actual disbursement.

We have heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondent State.

Apart from the fact that this petition has been filed after an inordinate delay of about six years, we find no good reason at all to interfere with the impugned judgment and order of the Tribunal. Non-availability of the requisite funds cannot be made a ground to deny the post-retiremental benefits.

The writ petition is, accordingly, dismissed.

21.3.2006

AKSI


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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