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High Courts(2008) 09 AHC CK 0180

Satyendra Prasad vs Commissioner Food And Civil Supplies U.P.Lucknow And Another

Allahabad High Court · Decided on 22 September 2008

HON’BLE JUDGES
Rajiv Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Writ Petition No. 605 of 2003

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Judgment

5 paragraphs · 356 words

Rajiv Sharma, J.—Heard learned Counsel for the petitioner as well as learned Standing Counsel.

2.

It has been stated by the Counsel for the petitioner that the petitioner, on attaining the age of superannuation, has retired from service in the year 1994, but his post retiral dues are not being paid and as such he preferred a writ petition in this Hon''ble Court, which was numbered as Writ Petition No. 40067 of 2002 and after filing of the aforesaid writ petition, a recovery order was issued against the petitioner, the same was also challenged in the said writ petition and this Hon''ble Court has been pleased to quash the order of recovery vide judgment and order dated 26.9.2002. Thereafter, the petitioner moved a representation for payment of his post retiral dues, but the same have not been paid inter alia on the ground that an enquiry has been instituted against the petitioner and as such the petitioner preferred another writ petition, which was numbered as Writ Petition No. 3374 of 2002 and this Hon''ble Court by means of judgment and order dated 26.9.2002 has quashed the enquiry proceedings, but in spite of that judgment and order, the petitioner has not been paid any of the post retiral dues, but a meagre amount of Rs. 68, 000/ was paid in the year 2003 that too after filing of the instant writ petition.

3.

A counter affidavit has been filed by the Standing Counsel wherein no reason has been mentioned as to why the post retiral dues of the petitioner have not been paid and why only Rs. 68, 000/ has been paid.

4.

Under the circumstances, the Opp. Parties are directed to pay the entire post retiral dues of the petitioner and further fix the pension of the petitioner, if there is no other legal impediment within six weeks'' from the date of presentation of a certified copy of this order. The Opp. Parties shall also pay the simple interest at the rate of 8% per annum from the date of completion of the necessary papers and formalities.

5.

With these observations, writ petition is disposed of.