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Smt. Rampati v. State Of U.P. And Others - WRIT - A No. 18478 of 2005  RD-AH 5746 (14 November 2005)
Hon'ble Rakesh Tiwari ,J.
Heard counsel for the parties and perused the record.
It is not denied by the respondents that the husband of the petitioner died on 21.8.2003 while he was in service of the Nagar Nigam, Kanpur Nagar and that she has been paid the post death retiral dues of her late husband and family pension etc. From the counter affidavit filed on behalf of the respondents it appears that the admitted amount of post death retiral dues and family pension could not be paid to the petitioner on account of financial crisis in the Nagar Nigam,Kanpur Nagar. Financial crisis is not a ground for withholding the retiral dues of a retired employee.
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 view of ratio decided in Rasheed Ali''s case (supra) this writ petition is allowed with the direction that respondent nos. 2 and 3 will ensure payment of post death retiral dues and family pension to the petitioner with compound interest at the rate of 10% per annum within a period of six weeks from the date of submission of a certified copy of this order and shall further make payment of her current family 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 and 3 to be paid to the petitioner within a month for not taking action for payment of family pension and post death retiral dues within time in accordance with the G.O. dated 13.12.77 and in making the petitioner run from pillar to post for post death retiral benefits of her late husband without any just cause.
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