Smt. Sarju Dei vs State Of U.P. And Another
2016 Latest Caselaw 4319 ALL

Citation : 2016 Latest Caselaw 4319 ALL
Judgement Date : 18 July, 2016

Allahabad High Court

Smt. Sarju Dei vs State Of U.P. And Another on 18 July, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 24114 of 2016
 
Petitioner :- Smt. Sarju Dei
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Ram Prasad Kanaujiya
 
Counsel for Respondent :- C.S.C.,Anil Tewari,Vivek Verma
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner was a Sweeper in the Kanapur Nagar Nigam, Kanpur. She retired on 31.10.2011 on attaining the age of superannuation.

The grievance of the petitioner is that she has not been sanctioned her pension for the last more than five years. She has moved several representations but the same has not been considered.

Counter and rejoinder affidavits are taken on record.

A counter affidavit has been filed on behalf of the Kanapur Nagar Nigam, Kanpur wherein it has been admitted that the petitioner was Sweeper in the Kanpur Nagar Nigam. However, a dispute has been raised that with the collusion of some employee of the Nagar Nigam, her date of birth has been changed in her service record, with the result she has worked for two years extra. An enquiry has been set up against the employee concerned for the recovery of the said amount.

Heard learned counsel for the petitioner and the learned counsel for the respondent no.2.

Concededly, the petitioner has worked as a Sweeper in the Kanpur Nagar Nigam, Kanpur for more than 36 years. Only dispute is with regard to the extra two years which according to the petitioner she has worked. It is further submitted by the learned counsel for the respondent that an enquiry is in progress against the clerk, who is said to be instrumental in changing her date of birth.

Let the enquiry report be placed on the record by the next date. In the meantime, a direction is issued to the respondent to calculate the pension and other post retiral benefits of the petitioner upto 2009, as according to the counsel for the Nagar Nigam, she was to retire in 2009 and the same shall be paid within three months. The order in respect of interest shall be passed at the time of disposal of the writ petition.

List after three months.

Order Date :- 18.7.2016