SMT. SHAYAMA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Shayama v. State Of U.P. & Others - WRIT - A No. 12255 of 2007 [2007] RD-AH 3993 (8 March 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.1

                Civil Misc. Writ Petition No. 12251 of 2007

      Smt. Maju Devi                        versus       State of U.P. and others

Hon'ble Rakesh Tiwari, J.

Heard counsel for the parties and perused the record.

The husband of the petitioner died during the service period on 18.2004. The grievance of the petitioner is that she has not been paid gratuity, provident fund, leave encashment, arrear of enhanced salary Insurance and other retiral dues etc. of her late husband. In this regard she has made representation to the authority concerned on 19.12.2006 but to no avail.

             Dependent of 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 to 6 shall be personally present in Court on the date fixed.  Rejoinder affidavit may be filed within 1 month thereafter.  

   List immediately thereafter.

Dated 8.3.2007

CPP/-

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