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Smt. Gomati v. State Of U.P. And Others - WRIT - A No. 8840 of 2007 [2007] RD-AH 2787 (20 February 2007)


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Court No.1

Civil Misc. Writ Petition No. 8840 of 2007

  Smt. Gomati                            versus               State of U.P. and others

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 to 3 while Sri Pradeep Kumar, Advocate has accepted notice on behalf of respondent no.4.

The husband of the petitioner died during the service period in 1992. The grievance of the petitioner is that she has not been paid gratuity, arrears of provident fund leave encashment and other retrial dues nor her representation dated 29.1.2007 made before respondent no.4, Chairman/Executive Officer, Nagar Palika Parishad, Etawah in this regard is being decided.

            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.4 shall be personally present in Court on the date fixed.  Rejoinder affidavit may be filed within two weeks thereafter.  

   List immediately thereafter.

    In the mean time, respondent no.4, Chairman/Executive Officer, Nagar Palika Parishad, Etawah is directed to decide the representation dated 29.1.2007 of the petitioner by a speaking and reasoned order, in accordance with law, within a period of 15 days from the date of production of a certified copy of this order.

Dated 20.2.2007



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