In this writ petition seeking payment of outstanding post retirement dues, the High Court found that the respondent had paid all amounts. As the petitioner failed to specifically deny the payment or identify the unpaid balance, the petition was dismissed as infructuous.
Dismissed the writ petition as infructuous; no further order.
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Neutral Citation No. - 2023:AHC:186423
Court No. - 34
Case :- WRIT - A No. - 15133 of 2020
Petitioner :- Ved Prakash Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
"10. That the contents of paragraph nos. 18, 19, 20 & 21 of the writ petition are all false and misconceived. A suitable reply has already been given the preceding paragraphs of the counter affidavit. However, it is further submitted that the petitioner has been provided following amount after his compulsory retirement:
i. (90% of G.P.F.) - Rs. 5,48,402.00 through C.O. No. 964 payment dated 30.10.2019.
ii. (Encashment)- Rs. 3,78,659.00 through C.O. No. 965 dated 30.10.2019 payment dated 30.10.2019.
iii (10% of G.P.F.)- Rs. 60934,807.00 through C.O. No. 1064 payment dated 14.11.2019.
iv. (Computation)- Rs. 8,82,807.00 through C.O. NO. 1026 payment dated 14.11.2019.
v. (Insurance)- Rs. 52,642.00 through C.O. No. 1412 payment dated 14.02.2020.
Thus, entire aforesaid amount has been disbursement into the bank account no. 30310870333 of the petitioner. For kind perusal of this Hon'ble Court,
copy of payment letters and proof are being collectively annexed herewith and marked as Annxure - C.A.-1 to this affidavit."
Order Date :- 26.9.2023 IrfanUddin
Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is entitled to outstanding post retirement dues given the state's categorical claim of full payment.
Whether the petitioner can claim relief for unpaid dues without specifically identifying the unpaid amount in the rejoinder affidavit.
Ved Prakash Pandey
State Of U.P.
Ajit Kumar
Irfan Uddin Siddiki
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
