Disposed

Smt. Sheela Devi v. State of U.P. and 3 Others

Allahabad HC4 Dec 2018WRIA/22959/2018

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What is this about?

The High Court disposed of a writ petition concerning unpaid terminal dues of a deceased retired employee. After recording that recommendations for payment had been made, the Court directed the Director of Pension and Accountant General to process the grant and payment of provident fund within three months.

What did the court decide?

Directions issued to Director of Pension and Accountant General to implement payment recommendations for pension and 90% of GP.F. within three months.

Smt. Sheela Devi Vs State of U.P. and 3… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 4

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Case :- WRIT - A No. - 22959 of 2018

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Petitioner :- Smt. Sheela Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Ajit Kumar,J.

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Learned counsel for the petitioner is permitted to implead Director of Pension, Direcotrate, U.P. Indira Bhawan, Lucknow, as respondent no. 5 and Accountant General, U.P. Allahabad as respondent no.6 in the writ petition.

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Entertaining the writ petition, this court on 19.11.2018 had passed the following order:-

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''This Court on 26th October, 2018 passed the following order:-

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"1. The case of the petitioner appears to be that her husband Jyoti Prasad was compulsorily retired from service on 29.8.2005. Subsequently, her husband was fell ill and expired on 4.12.2009. Since then the petitioner who is the wife of the deceased employee has been running from pillar to post claiming payment of general provident fund, gratuity, leave encashment, group insurance as also other terminal dues to which her husband was entitled in addition to the family pension to which she claims to be entitled.

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2. In this regard, the petitioner appears to have made a representation to the respondent no.2- Director of Education (Basic). On that representation, the said Director of Education (Basic) also appears to have called for information from the District Institute of Education and Training, Baghpat (respondent no.4). However, no payment has yet been made. In view of the above, learned Addl. Chief Standing Counsel may obtain instructions from respondent no.2 as to why the payment has yet not been made to the petitioner and alternatively why her representation has yet not been decided.

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3. Put up as fresh on 19.11.2018.

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4. It is expected that in the event of any payment being found due and payable to the petitioner, the same would be paid on or before that date."

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Today when the case is taken up in the revised call, learned Standing Counsel seeks further time as he has already written a letter in that regard and he is waiting for the instructions. This is totally unfortunate state of affairs only on the part of the State that an employee has already retired and his terminal dues/ postretirement dues are not cleared.

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It appears that he pursued the matter and thereafter he fell ill to the paralytic attack and subsequently died in the year 2009. This Court fails to understand as to what circumstances and reasons have weighed with the authority in not clearing the terminal dues/ post-retirement dues of late Jyoti Prasad.

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Let the Principal D.I.E.T., Baghpat file his personal affidavit by the next date

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fixed as to why the post-retirement dues are not being paid.

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However, it is made clear that in the event, the Principal D.I.E.T., Baghpat proceeded to clear the dues, he shall file an affidavit in this regard by the next date fixed.

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Put up this matter on 4th December, 2018 as fresh''

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Today an affidavit on behalf of the Principal D.I.E.T., Baghpat has been filed appending therewith an order dated 14.11.2018 sanctioning leave encashment of 300 days and other retirement benefits. From the record as has been brought as Annexure 6A-16. It transpires that the leave encashment has been credited to the account of the petitioner and with regard to the other dues the direction has already been forwarded to the Director of Pension, Directorate, U.P. Indira Bhawan, Lucknow for necessary exercise. The payment of General Provident Fund has also been recommended to the Accountant General, Allahabad, U.P. vide letter dated 22.11.2018.

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In view of above, now the grievance of the petitioner for non-payment of post retirement dues does not survive any more. However, in view of the recommendations that has been made for payment of pension etc. the Director of Pension, Direcotrate, U.P. Indira Bhawan, Lucknow is hereby directed to act upon the recommendation within a period of three months from today and the further direction is issued to the Accountant General, Allahabad to act upon the recommendations of payment of 90% in the G.P.F. Account within three months from the date of production of a certified copy of this order.

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With the aforesaid directions, the writ petition is disposed off.

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Order Date :- 4.12.2018 Mohit Kushwaha

Smt. Sheela Devi v. State of U.P. and 3 Others

Case brief

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Smt. Sheela Devi v. State of U.P. and 3 Others

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