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Smt. Siya Dulari v. State Of U.P. And Others - WRIT - A No. 71993 of 2005 [2005] RD-AH 6289 (23 November 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

     Heard counsel for the parties and perused the  record.

     It is not denied by the respondents that the  petitioner retired from service on 31.12.1997 from Nagar Nigam, Kanpur Nagar. The grievance of the petitioner is that neither her retiral dues has been paid regular family pension is being paid to her..

     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.

   Cunsel for the respondents- Nagar Nigam Kanpur Nagar does not deny the claim of the petitioner and states that the payment could not be made due to paucity of funds. Since the matter involves payment of retiral dues of the petitioner as well as payment of regular pension to her, and there is no dispute about the claim of the petitioner, in the circumstances, no useful purpose would be served by keeping this petition pending for want of counter affidavit. Hence the petition is being decided with the consent of counsel for the parties.

     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 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 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 not taking action for payment of retiral dues, including regular pension and in making the poor employee run from pillar to post for her legitimate claim without any just cause. The respondent nos.2 and 3 will also ensure payment of regular pension to the petitioner, month by month, as and when it falls due.




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