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Som Kant Singh v. State Of U.P. And Others - WRIT - A No. 4708 of 2006 [2006] RD-AH 1925 (24 January 2006)


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.

  The Standing counsel has accepted notice on behalf of respondent nos. 1to 3. Issue notice to respondent nos. 4 and 5, returnable at an early date.

               The petitioner was working as Moharrir in Nagar Palika Parishad, Sirsaganj, Firozabad and retired from service on 30.5.2002 but despite several representations, he has neither been paid his retiral dues nor monthly pension is being paid to him.

            An employee is entitled to retiral benefits on his/her retirement for which formalities have to be got completed by the departments before retirement of the employee.  Non payment of  retiral dues is hit by Art. 21 of the Constitution of India.

             In the circumstances, the respondents are directed to pay the aforesaid dues of the petitioner with 10 % compound interest within a period of 6 weeks from today or they may show cause within two months by filing counter affidavit. The respondents will also ensure payment of regular pension, month by month to the petitioner as and when it falls due. 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. 3  to 5 shall be personally present in Court on the date fixed..  

           List thereafter.

Dt. 24.1.2006



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