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Ram Veer Sharma v. State Of U.P. And Others - WRIT - A No. 60087 of 2005 [2005] RD-AH 2646 (9 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).


Hon. Vineet Saran, J

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of Respondent no.1 and Sri R.D.Khare learned counsel appearing on behalf of Respondents no.2 and 3. With consent of the learned counsel for the parties this writ petition is being disposed of without calling for a counter affidavit.

It is the case of the petitioner is that he was an employee of respondent-Corporation. He retired from the service on 30.4.2002. The contention of the petitioner is that although he has completed all the formalities with regard to payment of his post retiral dues and despite more than three years have passed, the same have yet not been paid to him. It has been contended that the petitioner has filed several representations in this regard before the respondent-authorities which have yet not been decided.

Payment of pension and other retiral dues is the statutory right of a retired employee which is to be paid immediately on his retirement and the same is not paid as a grace of bounty.  It has been contended that because of non payment of the retiral dues the petitioner is suffering and it is difficult for him to make his two ends meet.

Having heard learned counsel for the parties and with their consent, and considering the facts and circumstances of this case, this writ petition is disposed of with a direction that in case if, with regard to the grievances made in this writ petition, the petitioner files a fresh comprehensive representation before Executive Engineer, Power Corporation Ltd., Vidyuy Vitran Khand-I, Bulandshahr, Respondent no.2, along with a certified copy of this order, the same shall be considered and decided by the said respondent, in accordance with law, after giving an opportunity of hearing to the petitioner within a period of two months from the date of filing of the same. It is further directed that in case if the petitioner is found entitled to for payment of any amount, the same shall be paid to him within two months of the passing of the order on his representation.

Further, in case if the petitioner is not paid his dues within the stipulated period, the respondents shall pay interest at the rate of 9% per annum from the date of his retirement till the date of actual payment.

With the aforesaid observation/direction this writ petition is disposed of. No order as to cost.





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