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SUNEHARI versus EXECUTIVE OFFICER, NAGAR PALIKA PARISHAD AND OTHERS

High Court of Judicature at Allahabad

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Sunehari v. Executive Officer, Nagar Palika Parishad And Others - WRIT - A No. 58382 of 2005 [2005] RD-AH 2255 (1 September 2005)

 

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 parties and perused the record.

The petitioner retired as Safai Karmchari as a class IV employee from Nagar Palika Parishad Shikohabad, District Firozabad on 31.1.2005. It is alleged that his pension papers have not been finalized as yet and that the petitioner has not received the retrial benefits as well as pension so far. Counsel for petitioner has relied upon an order dated 9.10.2003 passed by this Court in Civil Misc.Writ Petition No. 35922 of 2003.

Petitioner has statutory right for grant of pension under Rule 32(2) of U.P. Nagar Palika Parishad Non-Centralized Service Retirement Benefits Regulations, 1984. Under these rules, pension papers must be sent to the Accountant within six months before retirement. The matter must be examined before the retirement, and that the Examiner of Local Fund Accounts U.P. must verify and send the papers to the Divisional Commissioner who should make payment without any delay. It is contended that in the present case, the procedure have not been followed.

Having regard to the facts and circumstances of the case, I do not find that the pendency of the writ petition will serve any purpose. The respondent no.1 is directed to send the papers, if they have not already been sent, to the respondent no.2 within one month for the purpose of payment. All the formalities shall be completed and that the arrears of pension shall be paid to the petitioner within three months with 9% simple interest .The pension shall be determined and be paid to the petitioner regularly.

The writ petition is disposed of with the aforesaid directions.

Dated 1.9.2005

CPP/-58382-2005


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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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