Smt. Bano vs State Of U.P. Thru' Secy. Deptt. Of ...
2013 Latest Caselaw 6283 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 14
 

 
Case :- WRIT - A No. - 17674 of 2002
 

 
Petitioner :- Smt. Bano
 
Respondent :- State Of U.P. Thru' Secy. Deptt. Of Medical & Health & Ors.
 
Counsel for Petitioner :- Bushra Maryam,Pooja Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.

By the order dated 21.2.2013, the Court had issued directions. The relevant portions of the directions contained in the said order are reproduced below:-

"In this view of the matter, from the record it transpires that the respondents have merely calculated the amount of penal rent which is to be realised from the deceased petitioner/her heirs and legal representatives but did not give any detail as what amount was payble to the deceased petitioner as Leave encashment, Gratuity, Provident Fund on account of her retirement from service on 30.11.1981 and as to why the same were not paid to her in her life time and by now.

In this view of the matter, the respondents are directed to calculate the aforesaid amount payable to the deceased petitioner till her life time and explain the situation under which it could not be paid to her and her heirs by now. The respondent no.2 Senior Medical Superintendent, A.H.M. & Dufferin Hospital, Kanpur is directed to file his/her personal affidavit alongwith aforesaid details within a period of one month and also appear in person before the court on the date fixed."

In pursuance of the order dated 15.10.2012 an affidavit sworn by Dr. Madhu Lal, Chief Superintendent, A.H.M. & Dufferin Hospital, Parade Kanpur is available on record.

A perusal of the said compliance affidavit shows that the directions as contained in the order dated 21.2.2013 have not been complied with, in totality. The amounts payable to the deceased petitioner namely gratuity and provident fund have not been specified in the affidavit of compliance.

Under the circumstances, learned Standing Counsel, who represents the respondents in the writ petition, is granted six weeks time to ensure compliance of the order and file an affidavit containing all the relevant facts and figures as was required by the order dated 21.2.2013.  In case, the affidavit is not filed within time granted, the respondent No. 2 shall appear in person on the next date fixed.

List on 19.11.2013.

Order Date :- 4.10.2013

Priyanka