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Smt. Tara Devi v. State Of U.P. And Others - WRIT - A No. 2168 of 2006  RD-AH 930 (13 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 and 2. Issue notice to the respondent nos. 3 and 4 returnable at an early date.
Husband of the petitioner- a class IV employee in the establishment of Nagar Palika Parishad Rampur died in harness on 30.4.2005. Despite several representations, she has neither been paid the death-cum- retiral dues of her husband nor monthly family pension is being paid to her.
The family members of a deceased employee are entitled to death-cum-retiral benefits immediately after the death of the employee concerned for which formalities have to be got completed by the departments at the earliest. Non payment of death-cum- retiral dues and family pension 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 to 4 shall be personally present in Court on the date fixed..
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