WPSS/503/2023
2023 Latest Caselaw 866 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No. 503 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Vijay Bhatt, Advocate for the petitioner.

Mr. I.D. Paliwal, Standing Counsel for the State of Uttar Pradesh/respondent no.

Mr. Ankush Kumar Tyagi, Advocate, holding brief of Ms. Monika Pant, Advocate for respondent nos. 2 & 3.

                                         Mr.     H.M.       Raturi,    Deputy      Advocate
                                  General             for        the          State        of

Uttarakhand/respondent nos. 4, 5 & 6.

Heard learned counsel for the parties. Petitioner's husband was employed as Cleaner in erstwhile U.P. Government Roadways and retired on 31.12.1993 from U.P. State Road Transport Corporation (UPSRTC).

Since pension and other retiral dues were not released to petitioner's late husband, therefore, she filed WPSS No. 2826 of 2017, which was disposed of by Writ Court in terms of judgment rendered

of 2014.

In terms of the judgment rendered by Writ Court, Regional Manager, UPSRTC has accepted petitioner's claim for pension, vide communication dated 18.03.2021, however, Managing Director of the Corporation in his order, subsequently passed on 15.03.2021, has directed petitioner to deposit the amount received by petitioner's husband as EPF and only then petitioner's claim for release of retiral dues shall be processed.

According to learned counsel for petitioner, due to precarious financial condition, petitioner is not in a position to deposit the amount received by her husband as EPF. He further submits that since the amount, which petitioner is entitled to receive, is more than the amount which she will have to deposit as EPF, which her husband received, therefore, the amount may be deducted from the amount, which petitioner would be entitled to get. He, however, submits that petitioner is old lady of 92 years of age and she has no source of income, therefore, it will not be possible for petitioner to meet the condition of Managing Director's order dated 15.03.2021.

Learned counsel for petitioner submits that in several cases, the amount of EFP was adjusted in the amount payable as arrears of pension, therefore, the Competent Authority will have no difficulty to extend similar relief to petitioner.

Since petitioner has made representation to Managing Director, Uttar Pradesh Road Transport Corporation on 08.10.2022, therefore writ petition is disposed of with a direction to Managing Director to take decision on petitioner's representation, as early as possible, but not later than six weeks from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 29.03.2023 Navin