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Smt. Maya v. State Of U.P. And Others - WRIT - A No. 75325 of 2005 [2005] RD-AH 7353 (12 December 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 Vineet Saran, J

Heard Sri S.K.Nigam, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for respondent no. 1 and Sri R.K.Sachan, learned counsel appearing for the contesting respondents no. 2, 3  and 4. With the consent of the learned counsel for the parties this writ petition is being disposed of at this stage without calling for a counter affidavit.

It is the case of the petitioner that her husband late Babu Lal was an employee of the respondent-Nagar Nigam, Kanpur Nagar. He died in harness on 12.5.2001. After having completed all formalities, the pension book of the petitioner was prepared, according to which she is found entitled to payment of Rs.1275/- per month as pension with effect from 13.5.2001. Besides that she was also found entitled to payment of other dues such as gratuity, provident fund etc. which all have yet not been paid to the petitioner despite the petitioner having filed several representations in this regard.

Having heard learned counsel for the parties and with their consent and considering the facts and circumstances of this case, this writ petition is finally disposed of with a direction that in case if, with regard to her grievances made in this writ petition, the petitioner files a fresh comprehensive representation before respondent No. 2, the Nagar Ayukt, Nagar Nigam, Kanpur Nagar alongwith a certified copy of this order, the same shall be considered and decided by the said respondent in accordance with law after giving opportunity of hearing to the petitioner expeditiously, preferably within a period of two months from the date of filing of the same.

It is further provided that in case if the petitioner is found entitled to payment of any amount, the same shall be paid to her within two months from the date of decision on the representation of the petitioner, failing which the petitioner shall be entitled to payment of 9% interest from the date of death of her husband till the date of actual payment. In case if the amount is paid to the petitioner within the stipulated period, no interest shall be paid by the respondents.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.





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