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Chhedi v. State Of U.P. & Others - WRIT - A No. 50256 of 2005 [2006] RD-AH 9028 (5 May 2006)


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                                                                                                Court No. 52

Civil Misc. Writ Petition No.50256 of 2005



State of U.P. and others.

Hon'ble V.K. Shukla,J.

Heard learned counsel for the petitioner and Sri Sudhanshu Srivastav for respondents.

Present writ petition has been filed for following relief:

"issue a  writ, order or direction in the nature of mandamus  directing the respondents, specifically respondents No. 3 and 4 to provide all pensionary benefits/retiral benefits to the petitioner with interest permissible under the law  to the petitioner "

Counter affidavit has been filed, and in paragraph 4 thereof the only plea which has been raised is financial crisis, apart from this no other plea has been raised.

After pleadings have been exchanged, present writ petition has been taken up for  final hearing and disposal with the consent of the parties.

The law is well settled that  pension and other retiral benefits are neither bounty nor charity and the the respondents are under statutory obligation to ensure payment of retiral benefits. In case the said amount is not paid within the fixed time, then cost should be imposed. Generating fund is the responsibility of Nagar Nigam as well as State Government and not of the petitioner. As mentioned in the order dated 29.09.2005, the State Government in proportion has to allot fund to the local bodies                                                                                                                                                                   Apart from this, local bodies can generate fund by imposing tax and other means. The petitioner cannot be made to  suffer on the ground that there is paucity of fund. The respondents are directed to ensure payment of the entire retiral benefits to the petitioner as well as pension along with arrears and current pension within two months from the date of production of a certified copy of this order. Needless to say that 10% compound interest would also be payable from due date till the date of actual payment.

In terms of above observation and direction , writ petition is allowed and disposed of.




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