High Court of Judicature at Allahabad
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Smt. Manorama Mishra v. State Of U.P. Thru' Secre., Local Body Ministry And Others - WRIT - A No. 1934 of 2006  RD-AH 833 (12 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 no.1 and Sri Vivek Singh, Advocate has accepted notice on behalf of respondent nos. 2 and 3.
The husband of the petitioner died on 11.3.2001 after retirement from service on 31.5.1999. The grievance of the petitioner is that she has not been paid the post death retiral dues and family pension as yet by the respondents.
An employee is entitled to retiral benefits on his/her retirement 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. 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 and 3 shall be personally present in Court on the date fixed.
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