Mahesh Narayan Mishra and 89 Ors. Vs State of U.P. and 3 Ors.

Court No. - 28

Case :- WRIT - A No. - 47855 of 2016

Petitioner :- Mahesh Narayan Mishra And 89 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.

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Hon'ble Siddharth,J.

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Heard Sri Yogesh Kumar Saxena, learned Counsel for the petitioners and learned Standing Counsel for the respondents.

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This writ petition has been filed by the petitioners, praying for a direction to the respondents to grant pension to the petitioners in accordance with law along with the arrears of pension and 12% interest on delayed payment of pension to the petitioners in accordance with law.

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The facts of this case are stated to be covered by the decision dated 12.04.2016 of this Court in Writ- A No.61107 of 20113, Gorakh Nath Pandey and 15 others versus State of U.P. and 4 others. It has also been stated in paragraph no. 19 of the writ petition that the case of the petitioners stands on the same footing as of the petitioners of the writ petition no.61107 of 2013. In the Counter Affidavit filed by the respondents, there is no specific denial of this fact. This decision was affirmed by the Judgment dated 21.12.2017, passed by this Court in Bunch of Special Appeals, leading Appeal being Special Appeal Defective No.773 of 2016, State of U.P. and others Vs. Gorakh Nath Pandey & 15 others.

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In view of the above pronouncement of this Court, this writ petition is allowed and the respondents are directed to calculate and pay the entire post retiral dues of the petitioners along with 7% simple interest and their future pension within a period of 3 months from the date of presentation of the Certified copy of this order before the authority concerned.

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The writ petition stands allowed. No order as to costs.

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Order Date :- 29.3.2018 SS

Mahesh Narayan Mishra and 89 Ors. v. State of U.P. and 3 Ors.

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Mahesh Narayan Mishra and 89 Ors. v. State of U.P. and 3 Ors.

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