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Bachchan Lal And Another v. State Of U.P. And Others - WRIT - A No. 8842 of 2007  RD-AH 2703 (20 February 2007)
Civil Misc. Writ Petition No. 8842 of 2007
Bachchan Lal and another versus State of U.P. and others
Hon'ble Rakesh Tiwari, J.
Heard counsel for the parties and perused the record.
Sri R.D. Khare, Advocate has accepted notice on behalf of respondent nos.1.2 and 3.
The husband of the petitioner died after retirement from service on 25.9.2005. The grievance of the petitioner is that she has not been paid remaining retiral benefits of her husband and fixed regular pension. In this regard she has made representation to the authority concerned but to no avail.
Dependent of a deceased employee is entitled to retiral/post-death benefits for which formalities have to be got completed by the departments 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 petitioner with permissible interest from due date till the date of payment within a period of 6 weeks from today or they may show cause within six weeks by filing counter affidavit. In case the cause is not shown by filing counter affidavit within the time allowed by this Court, respondent no.3 shall be personally present in Court on the date fixed. Rejoinder affidavit may be filed within two weeks thereafter.
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