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Brahmdevanand v. State Of U.P. And Others - WRIT - A No. 2927 of 2005 [2006] RD-AH 1523 (20 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.

 No counter affidavit has been filed inspite of time having been granted to the respondents vide orders dated 27.5.2005 and 11.11.2005. Therefore, the averments made in the writ petition are taken to be correct.  In the circumstances, the Court has no option but to proceed in the matter as it pertains to payment of post death retiral dues of the deceased employee who died on 3.8.1999 after superannuation and has not been paid as yet after even about 7 years.

       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 post death 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 U.P. Power Corporation Ltd. 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 petitioner   run from pillar to post for his legitimate claim without any just cause.

Dated 19.1.2006



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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