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Mahesh Thakur v. State Of U.P. And Others - WRIT - A No. 75250 of 2005 [2005] RD-AH 7326 (12 December 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).


Hon. Vineet Saran, J

Heard Sri Rajendra Jaiswal, learned counsel for the petitioner as well as learned Standing Counsel appearing for respondent no. 1 and Sri B.S.Pankaj, learned counsel appearing for the contesting respondents no. 2 and 3. With the consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

It is the case of the petitioner that he retired from the service of the respondent-Nagar Nigam, Kanpur Nagar on 1.8.2003. It has been submitted that that despite the petitioner having completed all the formalities with regard to payment of his pension and other post retiral benefits like Provident Fund, Gratuity etc., the same have yet not been paid to him, although more than two years have passed. It has further been submitted that payment of retrial dues as well as pension is the statutory right of a retired employee, which is not paid as a grace or bounty. With regard to such grievances the petitioner has already filed several representations before the respondent-authorities, which have yet not been decided.

Having heard learned counsel for the parties and with their consent and considering the facts and circumstances of this case, this writ petition is disposed of with the direction that in case if, with regard to his grievances made in this writ petition, the petitioner files a fresh comprehensive representation before the Nagar Ayukt, Nagar Nigam, Kanpur Nagar along with a certified copy of this order, the same shall be considered and decided by the said respondent in accordance with law, after giving an opportunity of hearing to the petitioner, expeditiously, preferably within a period of two months from the date of filing of the same.

It is further provided that in case if the petitioner is found entitled to payment of any amount, the same shall be paid to him within two months from the date of decision on the representation of the petitioner, failing which the petitioner shall be entitled to payment of 9% interest from the date of his retirement till the date of actual payment. In case if the amount is paid to the petitioner within the stipulated period, no interest shall be paid by the respondents.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.

Dt/- 12.12.2005




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