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SMT. PUNIYA versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Smt. Puniya v. State Of U.P. And Another - WRIT - A No. 9344 of 2007 [2007] RD-AH 2908 (21 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari, J

            Heard counsel for the petitioner and perused the record.

            The case of the petitioner is that on attaining the age of superannuation, she retired from a class IV post on 1.12.2004. It has been submitted that although the petitioner is being paid her pension but her other dues such as Provident Fund, Gratuity, Leave Encashment etc., have not been paid to her despite the fact that she has completed all the requisite formalities and has moved several representations in this regard.

              Payment of retiral dues and other retiral benefits is statutory right of a retired employee which is payable immediately on his/her retirement and is not paid as a grace or bounty.

              Having heard counsel for the petitioner and considering the facts and circumstances of the case, the writ petition is finally disposed of with a direction that in case the petitioner moves a fresh comprehensive representation annexing therewith a copy of the instant writ petition before the resopondent no. 2 along with a certified copy of this judgment, the same shall be considered and decided by the said authority in accordance with law after affording opportunity of hearing to the petitioner expeditiously, preferably within a period of three months from the date of filing of the same.

              It is further provided that in case the petitioner is found entitled to payment of any amount, the same shall be paid to her within three months from the date of decision on her representation, failing which, the petitioner shall be entitled to payment of 9% simple interest from the date of her retirement till the date of actual payment. No order as to costs.

Dated 21.2.2007

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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