High Court of Judicature at Allahabad
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Kallu And Others v. State Of U.P. Thru' Secry., U.P. Urban Development & Others - WRIT - A No. 8530 of 2007  RD-AH 2620 (19 February 2007)
Court No. 1
Civil Misc. Writ Petition No. 8530 of 2007
Kallu and others
State of U.P. and others
Hon'ble Rakesh Tiwari, J.
Heard learned counsel for the parties and perused the record.
The Standing Counsel has accepted notices on behalf of respondent nos. 1 and 4 while Sri Chandan Sharma, Advocate has accepted notices on behalf of respondent nos. 2 and 3.
From the record it is disclosed that petitioner no. 1 is himself a retired Class IV employee while petitioner nos. 2 to 5 are widows of retired employees and petitioner no. 6 is the son of retired employee of Kanpur Nagar Nigam, Kanpur. Their grievance is that the respondent-Nagar Nigam has stopped paying their pension since January 2006 and is not releasing their pension despite making joint representation to the Nagar Ayukta, Nagar Nigam, Kanpur Nagar dated 8.1.2006.
An employee is entitled to retiral/post-death benefits for which formalities have to be got completed by the department where he served before the date of retirement/after the death in harness of the employee. Non-payment of retrial/post-death 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 petitioners with interest from due date till the date of payment within a period of 6 weeks from today or they may show cause within the aforesaid period filing counter affidavit.
In case the cause is not shown by filing counter affidavit within the time granted by this Court, respondent nos. 2 and 3 shall be personally present in Court on the date fixed.
List this case after expiry of the aforesaid period.
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