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Manoj Kumar Savita v. Nagar Aayukt Nagar Nigam And Another - WRIT - A No. 49611 of 2004 [2005] RD-AH 6578 (29 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's father and mother, both died in harness while working under Nagar Nigam, Kanpur Nagar. Their retiral dues, including family pension to the petitioner have not been released till date.

     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.

   Sri Hardwar Singh, counsel 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.  The claim of the petitioner has also not been disputed in the counter affidavit of the Nagar Nigam. 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 late father and mother 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 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. 1 and 2 to be paid to the petitioner within a month for not taking action for payment of legitimate dues of deceased parents of the petitioner, including family pension and in making the dependant of poor deceased employees run from pillar to post for his legitimate claim without any just cause. The respondent nos.1 and 2 will also ensure payment of family pension to the petitioner, month by month, as and when it falls due.




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