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Smt. Laxmin v. State Of U.P. & Others - WRIT - A No. 12254 of 2007  RD-AH 3985 (8 March 2007)
Civil Misc. Writ Petition No. 12254 of 2007
Smt. Kiran versus State of U.P. and others
Hon'ble Rakesh Tiwari, J.
Heard counsel for the parties and perused the record.
The petitioner retired from service on 31.1.2002. The grievance of the petitioner is that he has not been paid retiral benefits and regular pension as yet by the respondents.
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 1 month thereafter.
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