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SMT. VIMLA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Vimla v. State Of U.P. And Others - WRIT - A No. 71274 of 2005 [2005] RD-AH 6080 (21 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 husband of the petitioner died in harness on 20.1.2002 and that the petitioner has been paid the post death cum retiral dues and family pension etc. According to U.P. Nagar Palika Non-Centralized Service Retirement Benefits Regulations 1984 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 aforesaid dues 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 her 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, 3 and 4 to be paid to the petitioner within a month for not taking action for payment of family pension and death cum retiral dues within time in accordance with the   aforesaid Regulations, 1984 and in making the poor employee run from pillar to post for her death cum retiral benefits without any just cause.

Dated 21.11.2005

CPP/-71274-2005


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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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