High Court of Judicature at Allahabad
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Smt. Kali v. State Of U.P. Thru' Secretary, Nagar Vikas U.P. And Others - WRIT - A No. 4189 of 2006  RD-AH 1757 (23 January 2006)
Hon'ble Rakesh Tiwari ,J
Heard counsel for the parties and perused the record.
The Standing counsel has accepted notice on behalf of respondent no.1 and Sri B.S. Pankaj, Advocate has accepted notice on behalf of respondent nos. 2 and 3.
The wife of the petitioner died in harness on 4.2.2003. The grievance of the petitioner is that she has not been paid the post death retiral benefits of her late husband as yet by the respondents.
The dependent of the deceased employee is entitled to post death/retiral benefits on his/her death during service period or after retirement. Non-payment of post death/ retiral dues is hit by Article 21 of the Constitution of India.
In the circumstances, the respondents are directed either to pay the aforesaid dues of the petitioner with 10 per cent compound interest from due date till the date of payment within a period of 6 weeks from today or they may show cause within two months by filing counter affidavit. Rejoinder affidavit may be filed within 3 weeks thereafter. In case the cause/counter affidavit is not filed within the time allowed by this Court, respondent nos. 2 and 3 shall be personally present in Court on the date fixed.
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