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PHULIYA versus STATE OF U.P. THRU' DIRECTOR STHANIYA NIKAYA AND ANOTHER

High Court of Judicature at Allahabad

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Phuliya v. State Of U.P. Thru' Director Sthaniya Nikaya And Another - WRIT - A No. 49371 of 2005 [2005] RD-AH 5637 (11 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�??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 30.4.2000 from Nagar Nigam, Kanpur Nagar and that he has not been paid the retiral dues and pension. According to Government order dated 13.12.1977 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 controversy involved 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 petition pending, hence the 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 the retiral dues of the petitioner from the due date till the date of payment shall be paid by the respondent no. 2 with 10% compound interest within a period of one month from today and they will ensure payment of pension to the petitioner, month by month as and when it falls due, otherwise the State Government  will act in accordance with law against the erring officials of Nagar Nigam and will also recover the legitimate amount due to the petitioner as arrears of land revenue within one month thereafter and pay the same to the petitioner forthwith within a week of recovery. Cost is assessed as Rs.5000/- on respondent no.2 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 G.O. dated 13.12.77 and inmaking the poor retired employee run from pillar to post for her legitimate retiral benefits without any just cause.

 11.11.2005

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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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