High Court of Judicature at Allahabad
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Yashoda v. State Of U.P. And Others - WRIT - A No. 68124 of 2005  RD-AH 4968 (26 October 2005)
Hon'ble Rakesh Tiwari ,J.
Heard counsel for the parties and perused the record.
It is not denied by the respondents that the petitioner retired from service on 31.1.2001 from Nagar Nigam, Allahabad and that he has been paid the amount of gratuity. According to Government Order dated 13th December, 1977 the pension papers of a retired employee should be prepared and sent to the authority concerned for sanction of pension and retiral dues etc. before six months from the date of his retirement
The controversy of the instant writ petition is squarely covered by the ratio laid down in Civil Misc. Writ No.21297 of 2004 Rasheed Ali Vs.State of U.P. and others decided on 20.9.2005.
In the circumstances, no useful purpose would be served by keeping this writ petition pending, hence this petition is being decided without calling for counter affidavit.
In view of ratio decided in Rasheed Ali''s case (supra) this writ petition is allowed with the direction that respondent nos. 2,3 and 4 will ensure payment of gratuity of the petitioner with compound interest at the rate of 10% per annum within a period of two months from today and shall further make payment of his pension month to month as and when it falls due. In case of default the recovery shall be made from the erring officials as arrears of land revenue within one month thereafter and shall be paid to the petitioner forthwith within a week of its recovery. Cost is assessed as Rs. 5000/- on respondent nos. 2, 3 and 4 to be paid to the petitioner within a month for not taking action for payment of pension and other retiral dues within time in accordance with the G.O. dated 13.12.77 and in making the poor employee run from pillar to post for his retiral benefits without any just cause.
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