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SMT. CHANDRAKALA DEVI versus STATE OF UP THRU' SECY LOCAL BODY AND OTHERS

High Court of Judicature at Allahabad

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Smt. Chandrakala Devi v. State Of Up Thru' Secy Local Body And Others - WRIT - A No. 53048 of 2004 [2005] RD-AH 3630 (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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari ,J

    The petitioner retired from wervice on 31.6.1995 from R.B.R.D. Inter College, an institution which is run by Nagar Nigam Kanpur.  The grievance of the petitioner is that neither her retiral dues have been paid to her nor pension is being paid since January,2004 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 the petitioner including arrears of pension since January 2004 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 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.

27.10.2005

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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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