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SMT. SHYAM PYARI DEVI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Shyam Pyari Devi v. State Of U.P. And Others - WRIT - A No. 57337 of 2005 [2005] RD-AH 5574 (10 November 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. ARUN TANDON, J.

Despite time being granted, no counter affidavit has been filed.

It is contended that the petitioner was issued a treasury cheque of Rs. 26,825/- drawn on the State Bank of India main branch Lucknow dated 1st December 1993, towards payment of Group Insurance. Petitioner submits that the said cheque could not be encashed within the validity period, for the reasons beyond the control of the petitioner. Therefore the petitioner returned the original cheque to the department concerned with a request that a fresh cheque for the same amount may be issued in favour of the petitioner. Despite repeated representations, the request so made by the petitioner has gone unattended. Hence the present writ petition.

On record is a letter dated 11th November, 2003, issued by the Finance Controller requesting the Engineer-in-Chief to release the said amount of group insurance in favour of the petitioner after obtaining necessary sanction.    

In the facts and circumstances of the case, writ petition is disposed of with a direction upon respondent no. 2 to ensure that if the cheque earlier issued to the petitioner could not be encahsed because of the validity period of the same having lapsed, respondent no. 2 shall ensure that a fresh cheque is issued for the same amount in favour of the petitioner within two weeks of the receipt of the certified copy of this order.

However, in the facts and circumstances, since money due could not be paid to petitioner since 1993,  this Court has no hesitation to direct the respondents to pay interest at the rate of 6% on the said amount of Rs. 26,825/- from the date the earlier cheque was returned, till date of payment under orders of this Court. The said interest shall also be paid by a separate cheque to the petitioner within one month.    

10.11.2005

Pkb/57337


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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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