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High Courts(2009) 12 AHC CK 0145

Kamla Devi vs Prem Kumar Singh, Chief Engineer Irrigation Deptt And Anr.

Allahabad High Court · Decided on 18 December 2009

HON’BLE JUDGES
Devendra Pratap Singh, J
RESULT
Disposed Of

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Judgment

15 paragraphs · 363 words

Devendra Pratap Singh, J.

The following order was passed on 12.10.2009 :

"Learned counsel for the applicant is permitted to implead the new incumbent in the Office of the Chief Engineer, Irrigation as opposite party no.3 today.

It is apparent from the record that the husband of the applicant died in harness while working as as Junior Engineer in the said Department on 2nd December 2006 and when the deathcumretiral benefits were not paid, she preferred Writ Petition No.46196 of 2008 which was finally disposed off directing the Chief Engineer to consider the claim of the applicant.

Upon issuance of notice, affidavit of opposite party no.2 has been filed stating that he was not the competent authority and the applicant had not supplied the relevant documents. However, it has come on record that the opposite party no.1 has since retired.

Be it so, till date the claim of the applicant has yet not been decided.

The newly added opposite party no.3 is directed to consider the claim of the applicant forthwith and file a compliance affidavit, or else he shall appear in person.,

Let a copy of this order be given to Sri K.R.Singh, learned Standing counsel within 48 hours.

List on 17.11.2009."

1.

When the matter was taken up on 17.11.2009, further time was sought.

2.

Today affidavit on behalf of the present EngineerinChief explaining the difficulty in preparing the service book of the deceased husband of the applicant, he has also produced a treasury cheque dated 17.12.2009 for a sum of Rs.3462/ as the amount reflecting leave encashment and arrears of salary of IVth Pay Commission for which a treasury cheque dated 17.12.2009 for a sum of Rs.7776/ and both have been paid to the counsel for the applicant who has issued a due receipt thereof.

3.

It is also stated that the pension paper has been prepared for grant of pension and gratuity and the same has been sent for? financial approval. For the purpose of Group Insurance Scheme, letters have already been written to the Corporation.

4.

Let the amounts be paid.

5.

List in the week commencing 25.1.2009.

6.

The personal appearance of the officials is dispensed with.