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Fakhruddin v. State Of U.P. And Others - WRIT - A No. 57413 of 2005  RD-AH 2097 (25 August 2005)
Hon'ble Rakesh Tiwari, J.
Heard counsel for the parties and perused the record.
The Standing Counsel accepts notices on behalf of respondent nos. 1 and 2 while Sri Pradeep Kumar accepts notices on behalf of respondent nos. 3 and 4.
By means of this writ petition, the petitioner has sought for a writ in the nature of mandamus commanding the respondents to pay with interest his post-retiral benefits of Gratuity, Leave Encashment and Provident Fund etc., which comes to a total amount of Rs. 1,65,000/-.
The grievance of the petitioner, who was a Peon in the Nagar Palika Parishad, Etawah is that though he retired from service after attaining the age of superannuation on 31.12.2004, yet he has not been paid his entire post-retiral benefits including Leave Encashment, Gratuity and Provident Fund etc. which according to him comes approximately to Rs. 1,65,000/- despite submitting representation after representation for payment of the same.
According to him an amount of Rs. 30,305/- towards Leave Encashment, Rs. 80,000/- of Gratuity and Rs. 54,615/- of Provident Fund are payable to him by the respondents.
An ad-interim mandamus is issued to respondent no. 4 to pay the aforesaid post-retiral benefits of the petitioner within a period of six weeks from today or show cause by filing counter affidavit within the same period. It is further directed that if the aforesaid payment is not made or cause is not shown within the time granted, respondent no. 4 shall personally appear before this Court on the next date of listing.
List this case immediately after expiry of the aforesaid period.
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