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Amena Begam v. State Of U.P. & Others - WRIT - A No. 51274 of 2005 [2005] RD-AH 3618 (27 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 Rakesh Tiwari ,J

    The husband of the petitioner- a class IV employee in Nagar Nigam Kanpur died in harness on 18.10.2003. The grievance of the petitioner is that though family pension is being paid to her but other retiral dues of her late husband have not been paid to her despite her repeated entreaties.

     Sri A.C.Tiwari, counsel for the respondents admits the claim of the petitioner.  Since the matter relates to retiral dues, with the consent of counsel for the parties, the case is being decided at the admission stage itself.

   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 late husband of the petitioner from the due date till the date of payment shall be paid by the respondent nos. 2 and 3 with 10% compound interest within a period of one month from today and they will ensure payment of family pension to the petitioner, month by month as and when it falls due, otherwise the State Government  will act in accordance with law against the erring officials of Nagar Nigam 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.2 and 3 to be paid to the petitioner within a month for making the poor retired employee run from pillar to post for her legitimate retiral benefits without any just cause.




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