Smt. Rajmati vs State Of U.P. And 4 Others
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Allahabad High Court

Smt. Rajmati vs State Of U.P. And 4 Others on 4 January, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:1207
 
Court No. - 33
 

 
Case :- WRIT - A No. - 19975 of 2023
 

 
Petitioner :- Smt. Rajmati
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Kanhaiya Lal
 
Counsel for Respondent :- C.S.C.,Ravi Kumar Shukla
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard learned counsel for the petitioner, learned standing for respondent Nos. 1, 2 & 5 and Sri Ravi Kumar Shukla, learned counsel for the respondent Nos. 3 and 4.

2. Present writ petition has been filed with following prayer:

"Issue an ad-interim Mandamus commanding the Respondent no. 3 & 4 i.e. The Executive Officer, Nagar Palika Parishad, District-Basti to consider and decide the grievance of the petitioner, which is pending in the office of respondent no. 3 as interest for delayed payment of retiral dues at the rate of 12% expeditiously within stipulated period."

3. Learned counsel for the petitioner submitted that husband of petitioner died on 07.08.2018 and all service dues of the petitioner amounting to Rs. 10,38,955/- have been paid on 19.09.2022 with delay, but without any interest. He next submitted that in light of judgment of Hon'ble Apex Court dated 22.03.1999 in the matter of Uma Agarwal Vs. State of U.P. & Another: 1999 Law Suit (SC) 339, petitioner is entitled for the interest also. He next submitted that for grant of interest, petitioner has filed representation dated 10.12.2022 before respondent No. 3, but till date, the same has not been decided. He lastly submitted that direction may be issued to respondent No. 3 to decide the representation of the petitioner at the earliest and pay interest on the delayed payment of services dues.

4. Sri Ravi Kumar Shukla, learned counsel for the respondent Nos. 3 and 4 submitted that representation of the petitioner shall be decided at the earliest.

5. In view of the facts and circumstances of the case, the writ petition is disposed of with direction to respondent No. 3 to decide the representation dated 10.12.2022 of the petitioner annexed as Annexure 8 to this writ petition, maximum within a period of six weeks from the date of production of certified copy of this order. Petitioner is also at liberty to file fresh representation along with certified copy of this order.

Order Date :- 4.1.2024

ADY