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Smt. Asna Siddiqui v. State Of U.P. & Others - WRIT - A No. 50026 of 2005 [2005] RD-AH 2999 (16 September 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'ble A.P.Sahi,J

Heard learned counsel for  the petitioner and  learned  standing counsel  for the respondents

The petitioner has come up with a prayer that a direction be issued to the respondents to pay the pensionary benefits and for a further writ of certiorari to quash the order passed by the Consumer forum

The petitioner states that she retired from his service, but certain pensionary benefit and other retiral benefits were not released, as a result whereof  she instituted a claim petition before the Distt. Consumer forum. In reply to the said claim a written statement was filed by the  principal of Distt. Education and Training Centre, Rampur Karkhana , Deoria, wherein in paras 2 to 4  details of payment  made to the petitioner and balance, which was payable was disclosed It was further stated therein that certain more payments were with held on account of non receipt of certain documents of the petitioner from the authority concerned. A perusal of the aforesaid written statement  admits  that payments were due to the petitioner. However, The written statement filed by the respondent no.2disclosed that no dues certificates were not given  to the petitioner for the reason that the petitioner had been occupying a official premises, which is said to be principal's residence.

The contention of the petitioner is that with regard to the same premises  the petitioner has  a valid title in her favour and in respect of the aforesaid dispute, she had already instituted a civil suit  no. 232/2000 before the learned civil Judge ( Jr. Divison )wherein injunction order has been passed in her favour a copy whereof is annexed as Annexure IX to the writ petition. The aforesaid injunction order continues to operate in favour of the petitioner.

Learned standing counsel on the other hand, invited the attention of the court to the letter dated 3.6.05  issued by the Principal to the petitioner  for submitting the document duly signed by her. In response thereto it is stated that the petitioner had already submitted the papers on 17..6. 2005 Learned counsel for the petitioner, however urged that the same was with regard to the payment of  interim pension and not  with regard to the payment of arrears as already admitted by the respondent in the written statement  of the Principal filed  before the Consumer forum referred to  herein  above.

Looking to the facts and circumstances of the case  and facts as brought on on the record , it would be appropriate that the petitioner approaches  the respondent no.4 Joint Direction of Education VII Region,Gorakhpur  who shall proceed to consider the claim of the petitioner in the light  of the facts stated herein above and pass an order for releasing the benefits to which the petitioner is found entitled in law and also to consider her case ignoring the order passed by the Consumer forum as they have been already found to be  without jurisdiction as expeditiously as possible preferably with three months from the date of production of a certified copy of this order before the said authority.

The petitioner is direct ed to produce a copy of this order before the respondent no.4.within ten days.

With the aforesaid directions, the writ petition is disposed of.




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