High Court of Judicature at Allahabad
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Sri Mahaveer v. Kanpur Nagar Nigam, Kanpur Nagar Thru' Nagar Aayukt & Anr. - WRIT - A No. 1476 of 2006  RD-AH 730 (10 January 2006)
Hon'ble Rakesh Tiwari ,J
Heard counsel for the parties and perused the record.
The Standing counsel has accepted notice on behalf of respondent nos.1. Sri B.S. Pankaj has put in appearance on behalf of respondent nos. 2.
The petitioner's wife was a class Iv employee of Nagar Nigam Kanpur who died in harness on 20.4.2003. Neither her death cum retiral dues have been paid nor regular family pension is being paid to the petitioner.
An employee is entitled to death cum retiral benefits on his/her demise/retirement for which formalities have to be got completed by the departments well within time. Non payment of death cum retiral dues is hit by Art. 21 of the Constitution of India.
In the circumstances, the respondents are directed to pay the aforesaid dues of the petitioner with 10 % compound interest within a period of 6 weeks from today or they may show cause within two months by filing counter affidavit. Rejoinder affidavit may be filed within 3 weeks thereafter. In case the cause/counter affidavit is not filed within the time allowed by this Court, respondent nos. 2 shall be personally present in Court on the date fixed..
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