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DARBARI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Darbari v. State Of U.P. And Others - WRIT - A No. 70784 of 2005 [2005] RD-AH 5929 (18 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 Sri A.K.Saxena for the petitioner and Sri Pradeep Kumar for respondent no. 4.

       Learned counsel for the petitioner prays for passing the identical order as has been passed in identical Writ Petition No. 34329 Of 2004 (Indrawati Devi Vs State of U.P. & Others), wherein the following order was passed: -

             

      ".... this writ petition is allowed with the direction that the entire retiral dues of the petitioner together with arrears of family pension since 10.1.2000 till the date of payment shall be paid by respondent no. 4 with 10% compound interest within a period of one month from today. Respondent no. 4 will ensure payment of family 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 Palika Parishad, Etawah and will also recover the entire legitimate retiral dues 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. Rs.5000/- is assessed as cost on respondent no. 4 to be paid to the petitioner within a month for making the widow of the deceased employee run from pillar to post for her legitimate retiral dues and payment of family pension without any just cause."

       In this writ petition the wife of the petitioner was a Class IV employee in Nagar Palika Parishad, Etawah. She died in harness on 15.2.2004. The grievance of the petitioner is that neither the retiral dues of his deceased wife have been paid nor he is being paid the family pension since the death of his wife, i.e., 15.2.2004 despite several representations.

          Since the matter pertains to family pension and other legitimate retiral dues of the petitioner, with the consent of counsel for the parties, the writ petition is decided at the admission stage itself.

      Admittedly, neither the legitimate retiral dues of his deceased wife nor family pension has been paid to the petitioner since 15.2.2004.

     The controversy in the instant writ petition is squarely covered by the controversy involved in Civil Misc. Writ Petition No. 21297 of 2004 Rasheed Ali  Vs. State of U.P. and others  decided on 20.9.2005.

     For the reasons stated above, this writ petition is allowed with the direction that the entire retiral dues of the petitioner together with arrears of family pension since 15.2.2004 till the date of payment shall be paid by respondent no. 4 with 10% compound interest within a period of one month from today. Respondent no. 4 will ensure payment of family pension to the petitioner month by month as and when it falls due. Cost on respondent no. 4 is assessed at Rs. 5000/- to be paid to the petitioner within a month for making him run from pillar to post for payment of legitimate retiral dues of his wife and payment of family pension without any just cause.

     

      Sri Pradeep Kumar, learned counsel for respondent no. 4, at this stage prays that the costs of Rs. 5000/- imposed upon respondent no. 4 may be waived in this case.

      The counsel for the petitioner does not object to this prayer, hence imposition of costs of Rs. 5000/- is waived. It is made clear that this waiver shall not be a precedent in other cases.  

Dated: 18.11.2005

rpk/


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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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