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Lallu Mal v. State Of U.P. And Others - WRIT - A No. 9626 of 2007 [2007] RD-AH 2971 (22 February 2007)


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Court No.1

Civil Misc. Writ Petition No. 9626 of 2007


Hon'ble Rakesh Tiwari, J.

Heard counsel for the parties and perused the record.

The Standing Counsel has accepted notice on behalf of respondent no.1.

Issue notice to respondent nos. 2 and 3 returnable at an early date.

The petitioner retired from service on 31.5.2006. The grievance of the petitioner is that he has not been paid retiral benefits such as provident fund, arrears of dues and salary as well as pension. In this regard he has made representation to respondent no.3 on 10.7.2006 but to no avail.

            An 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 two months from today or they may show cause within the aforesaid period by filing counter affidavit. In case the cause is not shown by filing counter affidavit within the time allowed by this Court, respondent nos. 2 and 3 shall be personally present in Court on the date fixed.  Rejoinder affidavit may be filed within 3 weeks thereafter.  

   List immediately thereafter.

Dated 22.2.2007



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