Allahabad High Court
Krishna Devi vs State Of U.P. And 2 Others on 5 July, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 7478 of 2022
Petitioner :- Krishna Devi
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Avanish Tripathi,Dheeraj Kumar Yadav
Counsel for Respondent :- C.S.C.,Jai Bahadur Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2 and Sri Jai Bahadur Singh, learned counsel for the respondent no. 3.
Case was heard on 17.05.2022 and the Court had passed the following order:-
"Heard learned counsel for the parties.
Petitioner before this Court is widow of late Shri Krishn who retired from the establishment of respondent on 21.09.2017 while working on the post of Safai Karmchari but his retirement dues remained unpaid.
From the record it transpires that the Deputy Director, Local Funds and Accounts, Bareilly Division, Bareilly had calculated the amount of pension as Rs. 16,950/- and also the gratuity Rs. 4,93,584/- and sanction letter was issued to the Commissioner, Bareilly Division Bareilly. Commissioner, Bareilly Division, Bareilly vide letter dated 21.05.2018 directed the District Magistrate to ensure payment of post retirement dues to the petitioner in respect of her late husband but nothing happened thereafter and the petitioner continued to make representation one after another.
This is very unfortunate state of affair that a widow is made to run from pillar to post and in spite of sanction of pension and the gratuity amount, nothing has been paid to the petitioner.
Let the Executive Officer, Nagar Palika Parishad, Badaun file his personal affidavit before this Court on the next date fixed to show cause as to why this petition may not be allowed with exemplary cost in addition to the interest upon unpaid dues of late husband of the petitioner.
Put up this matter as fresh on 30.05.2022."
Pursuant to the order of this Court dated 17.05.2022, personal affidavit dated 25.05.2022 has been filed by respondent no. 3 and in paragraphs 14 of the personal affidavit, it is stated that due to paucity of funds in Nagar Palika Parishad, Badaun, payment could not be made to the petitioner. In paragraph 15 of the personal affidavit, it is further stated that sufficient time may be granted to Nagar Palika Parishad, Budaun to make payment of the entire due amount to the petitioner.
Learned counsel for the petitioner submitted that petitioner is widow and a suitable direction may be issued to the respondent no. 3 to pay entire amount to the petitioner alongwith interest at the earliest. In support of his contention, he has placed reliance upon judgments of this Court in the cases of Yogendra Singh and 2 others Vs. State of U.P. and 5 others, reported in 2016 0 Supreme(All) 3978 and Renu Gupta Vs. State of U.P. and 5 others passed in Writ-A No. 14397 of 2019, decided on 24.10.2019.
Sri Jai Bahadur Singh, learned counsel appearing for respondent no. 3 as well as learned Standing Counsel could not dispute the submission made by learned counsel for the petitioner, but learned counsel for the respondent no. 3 submitted that due to financial crises, payment could not be made to the petitioner.
Since the dues are not disputed, therefore, in light of judgments of this Court in the cases of Yogendra Singh and Renu Gupta (supra), this writ petition is disposed of with direction to respondent no. 3 to pay entire amount to the petitioner alongwith interest at the rate of 8% per annum from the due date to date of actual payment of entire post retiral dues, maximum within a period of two months from the date of production of certified copy of this order.
Order Date :- 5.7.2022
Rmk.
