Citation : 2014 Latest Caselaw 656 ALL
Judgement Date : 7 April, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 4827 of 2013 Petitioner :- Smt. Anita Verma & 3 Ors. Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Irrigation Lko. Counsel for Petitioner :- Upendra Nath Mishra Counsel for Respondent :- C.S.C. Hon'ble Dr. Devendra Kumar Arora,J.
Submission of learned counsel for petitioners is that the petitioners have approached this Court challenging the recovery of excess amount paid to the late husband of petitioner no.1 and to release the pensionary benefits alongwith post retiral dues. Further submission of learned counsel for petitioners is that this Court by means of order dated 20.08.2013, as an interim-measure, provided that the provisional pension shall be paid to the petitioner on the basis of second promotional pay scale of Rs.8000-13,500/- and no recovery shall be made in the instant matter in pursuance to the impugned orders which are under challenge till the next date of listing. It is also submitted by the learned counsel for the petitioners that on the one hand the order dated 20.08.2013 has not been complied with and on the other hand admissible post retiral dues of the petitioners late husband have not been released till date.
No counter affidavit has been filed by the learned standing counsel and he is not in a position to explain as to why the post retiral dues and provisional pension, as per directions of the Court, have not been paid to the petitioner.
The Engineer-in-Chief, Irrigation Department, Sinchai Bhawan, Lucknow is hereby directed to ensure that the petitioners be paid admissible post retiral dues of the husband of petitioner no.1 and father of petitioner nos. 2 to 4 as well as provisional pension as directed by this Court vide order dated 20.08.2013 forthwith or show cause.
List this case on 28.04.2013.
Interim order, granted earlier, shall continue till the next date of listing.
Order Date :- 7.4.2014
Vijay
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