High Court of Judicature at Allahabad
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Thakur Prasad v. State Of U.P. And Another - WRIT - A No. 331 of 2004  RD-AH 740 (10 January 2006)
Hon'ble Rakesh Tiwari ,J
Heard counsel for the parties and perused the record.
This petition has been filed for non-payment of retiral dues to the petitioner.
Counter affidavit has been filed by the Nagar Nigam Kanpur Nagar. In paragraph 5 of the counter affidavit, it has been stated that an amount of Rs.68,979.50P towards gratuity has been paid to the petitioner through Cheque no. 949921 dated 9.8.2002; amount of Rs. 32,148/- towards leave encashment and amount of Rs.9,800 towards arrears of revised pay scale have been paid to him through cheque no.326208 dated 18.10.2004 and an amount of Rs.7229.70.70 towards Provident Fund has been paid through cheque no. 6787 dated 23.8.2001.
In paragraph 7 of the counter affidavit, it has been stated that the Nagar Nigam Kanpur is suffering from financial crisis and, therefore, the dues of the petitioner could not be paid. Sri Y.S.Sachan, counsel for the respondent-Nagar Nigam states that the balance outstanding amount shall be paid to the petitioner within a period of one month from today.
In this view of the matter, the writ petition is disposed of with the direction to the respondents to pay the arrears of pension and other retiral dues of the petitioner within a month from today, as prayed by Sri Sachan, counsel for the Nagar Nigam. In the event of failure, the entire balance amount of retiral dues of the petitioner shall be recovered as arrears of land revenue from respondent no. 2 within 15 days thereafter and shall be paid forthwith to the petitioner. No orders as to costs.
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