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Smt. Kallo Devi v. Chairman/Exe. Officer Nagarpalika Parishad Shikohabad &Other - WRIT - A No. 29604 of 2004 [2006] RD-AH 1320 (18 January 2006)


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'ble Rakesh Tiwari ,J

    Heard counsel for the parties and perused the  record.

    The petitioner retired from service on 31.1.1999.  He made several representations, inter alia that no dues are pending against him yet he has not been paid retiral dues. Regulation 13 of the U.P.Nagar Palika (Non Centralized) Retirement Benefits Regulations,1984 provides for completion of pension papers within six months before the date of retirement of an employee but the respondents have not paid retiral dues even after more than 5 years. In the counter affidavit it is admitted that the petitioner's retiral dues have not been paid. In the supplementary counter affidavit, the respondents have sought a month's time for payment. Paragraph 4 of the Supplementary counter affidavit is as under :-

 "4.That the entire payment of arrears of pension & gratuity shall be made within a month and it is, therefore, prayed that this Hon'ble Court may kindly direct the case to come up on the cause list after one month to enable the answering respondents to make the aforesaid payment."

 It also appears from paragraph 3 of the supplementary counter affidavit that the petitioner has given, in writing, on 10.10.05 that her pensionary contribution may be deducted from gratuity and thereafter, her pension papers have been prepared. Sri Rakesh Bahadur, counsel for the respondents states that he has been informed by his client that no payment has been made to the petitioner.

     The controversy of the instant writ petition is squarely covered by the controversy involved 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 the retiral dues of the petitioner from the due date till the date of payment shall be paid by the respondent nos.1 and 2 with 10% compound interest within a period of one month from today otherwise the State Government  will act in accordance with law against the erring officials of the Nagar Palika Parishad Shikohabad and will also recover the legitimate amount due 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. Cost is assessed as Rs.5000/- on respondent nos. 1 and 2 to be paid to the petitioner within a month for not taking action for payment of legitimate dues of the petitioner and in making the poor retired employee run from pillar to post for her legitimate claim without any just cause. The respondent nos.1 and 2 will also ensure payment of  pension to the petitioner, month by month, as and when it falls due.




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