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Smt. Maharjia v. State Of Up Thru' Secy. Nagar Vikas And Others - WRIT - A No. 60104 of 2005  RD-AH 2656 (9 September 2005)
Hon'ble Vineet Saran, J
Heard Sri S.N.Tiwari, learned counsel appearing for the petitioner as well as Sri learned Standing Counsel for Respondent no. 1 and Sri R.K.Sachan, learned counsel appearing for the respondent nos.2 and 3. With the consent of learned counsel for the parties, this writ petition is being disposed of finally without calling for a counter affidavit.
It is the case of the petitioner that the husband of the petitioner, who was an employee of the respondent-Nagar Nigam, Kanpur Nagar, died in harness on 25.2.2000. It has been submitted that after having completed all formalities with regard to payment of family pension and other death-cum-retiral dues, the pension book of the petitioner had been prepared, according to which she was found entitled to payment of Rs.1275/- per month as pension besides other retiral dues, which have yet not been paid despite the petitioner having filed several representations in this regard. It has further been submitted that payment of pension as well as other retiral dues is the statutory right of a retired employee which is not paid as a grace or bounty.
Having heard learned counsel for the parties as well as with their consent and considering the facts and circumstances of this case, this writ petition is finally disposed of with a direction that in case if, with regard to her grievances made in this writ petition, the petitioner files a fresh comprehensive representation before the Nagar Ayukt, Nagar Nigam, Kanpur Nagar, 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 opportunity of hearing to the petitioner expeditiously, preferably within a period of two months from the date of filing of the same.
It is further provided that in case if the petitioner is found entitled to payment of any amount, the same shall be paid to her within two months from the date of decision on her representation, failing which the petitioner shall be entitled to payment of 9% interest from the date the amount became due till the date of actual payment.
With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.
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