Disposed

Radha Devi v. State of U.P. Thru. Addl. Chief Secy. Agriculture Deptt., Lko. and 3 Others

Allahabad HC12 Nov 2024/10451/2024

Case brief

AI extract

What is this about?

Writ petition by widow seeking payment of her deceased husband's retiral dues withheld after his in-harness death in 2022, complicated by a dispute over entitlement involving a second wife under inquiry by the District Magistrate. The court directed completion of the inquiry within eight weeks and payment to the entitled person, without deciding merits, and disposed of the petition.

What did the court decide?

Inquiry to complete within eight weeks; retiral dues payable to person found entitled as per rules.

Radha Devi Vs State of U.P. Thru. Addl… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:74413

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Court No. - 5 Case :- WRIT - A No. - 10451 of 2024 Petitioner :- Radha Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Agriculture Deptt., Lko. And 3 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 to 3 and Shri Anangh Shukla, Advocate who has filed Vakalatnama on behalf of the respondent nos. 2 to 4, which is taken on record.

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With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.

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Contention of learned counsel for the petitioner is that despite husband of the petitioner namely Lalta Prasad having died in-harness on 02.08.2022, the retiral dues has still not been paid till date.

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Shri Anangh Shukla, learned counsel for the respondent no. 4 states that on perusal of record it has been found that the deceased was having two wives namely the petitioner and one Smt. Amita Dwivedi. He further contends that the matter is being inquired under the orders of District Magistrate and upon culmination of the said inquiry, which shall be concluded expeditiously, retiral dues would be paid to the person who is found entitled for the same.

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In view of the above, it is provided that after culmination of the inquiry which shall be completed within a period of eight weeks from the date of production of certified copy of this order before the inquiry officer, as per rules, whoever is entitled for the payment of retiral dues, dues shall be paid.

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It is also provided that if petitioner is aggrieved by the order which are passed by the competent authority in this regard, it will be open for the petitioner to approach competent Court of law for redressal of her grievance.

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With the aforesaid direction, writ petition is disposed of .

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It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

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Order Date :- 12.11.2024/Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Radha Devi v. State of U.P. Thru. Addl. Chief Secy. Agriculture Deptt., Lko. and 3 Others

Case brief

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Radha Devi v. State of U.P. Thru. Addl. Chief Secy. Agriculture Deptt., Lko. and 3 Others

Case brief

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