Lal Mani Gupta Vs D.a.C., Primary Agricultural Societies Centralized Services, Shajahanpur through Its Member/Secr.

Court No. - 35

Case :- WRIT - A No. - 22141 of 2018

Petitioner :- Lal Mani Gupta

Respondent :- D.A.C., Primary Agricultural Societies Centralized Services, Shajahanpur Through Its Member/Secr. Counsel for Petitioner :- Ram Akbal Upadhyay,Dhan Pal Counsel for Respondent :- Sujit Kumar Rai

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Hon'ble Vivek Agarwal,J.

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Heard Sri Dhan Pal, learned counsel for the petitioner.

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This writ petition has been filed seeking a direction to the respondents to ensure payment of post retiral benefits to the petitioner with interest.

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In para-9 of the counter-affidavit, filed under the signatures of one Sri Shailendra Kumar son of Sri Ram Pravesh, it is mentioned that the post of cadre secretary, from which petitioner has retired is not a pensionable post. Petitioner is only entitled to contributory provident fund, but same could not be paid on account of audit objection and same will be paid as soon as audit objection is removed by the Assistant Commissioner and Assistant Registrar, Co-operative Societies, Shahajahanpur.

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This counter affidavit was filed on 13th Day of January, 2019. Admittedly, petitioner superannuated from service on 31.10.2017 about four year's time has lapsed, therefore, this petition can be disposed of with a direction to the respondent to get the objections cleared from the Assistant Commissioner and Assistant Registrar, Co-operative Societies, Shahjahanpur, if they have already not been removed and pay the amount of contributory provident fund with interest upto the date of payment within 60 days from the date of communication of the order, failing which, petitioner will be entitled to initiate contempt proceedings against the respondents.

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In above terms, writ petition is disposed off.

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Order Date :- 6.10.2021 Ashutosh

Lal Mani Gupta v. D.a.C., Primary Agricultural Societies Centralized Services, Shajahanpur through Its Member/Secr.

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Lal Mani Gupta v. D.a.C., Primary Agricultural Societies Centralized Services, Shajahanpur through Its Member/Secr.

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