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Dr. Sanjeev Kumar And Another v. State Of U.P. And Others - WRIT - A No. 39366 of 2005  RD-AH 6707 (1 December 2005)
Hon'ble Rakesh Tiwari,J.
Heard counsel for the parties and perused the record.
It is not denied by the respondents that the post death retiral dues of late mother of the petitioner has been paid to the petitioner.
Counter affidavit has been filed on behalf of the respondents stating that the payment of the aforesaid dues could not be made to the petitioner on account of financial crisis. Retiral dues of a retired employee can not be retained on the ground of financial crisis. The counsel for the petitioner proposes not to file rejoinder affidavit.
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 and 3 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. 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 post death retiral dues within time in accordance with the Regulations, 1984 and in making the petitioner to run from pillar to post for his post death retiral benefits without any just cause.
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