Smt Urmila Joshi v. State of Up and 4 Others
Case brief
What is this about?
In this writ petition regarding delayed payment of family pension and gratuity, the Court rejected the defense that the petitioner refused to complete formalities. The Court ordered disciplinary proceedings against specific executive officials for negligence and directed immediate communication of the order to departmental authorities.
What did the court decide?
Directors to initiate disciplinary proceedings against the Executive Engineers for negligence in delayed payment of pension/gratuity; Order communicated to Additional Chief Secretary and concerned off
What the court decided
Court No. - 5 Case :- WRIT - A No. - 6835 of 2024 Petitioner :- Smt Urmila Joshi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
A personal affidavit has been filed by the Executive Engineer/Drawing and Disbursing Officer, Uppar Khand Purvi Yamuna Canal, Saharanpur today in Court, which is taken on record.
Perused the said personal affidavit. According to the stand taken in the personal affidavit filed by respondent no. 5, the respondents who are multiple in number and all Government servants of the State in the Department of Irrigation appear to be adamant not to pay the petitioner's family pension, current pension, gratuity, commuted pension etc. In paragraph no. 12 of the personal affidavit filed by Atul Kumar Maurya, it is averred:
- That several reminder letters were written to the Executive Engineer, Madhya Ganga Canal Gun Division-2, Haridwar by the DDO office, Saharanpur, regarding the amendment in the pension case. After completing the formalities of pension case re-revision by the Executive Engineer, Madhya Ganga Canal Gun Division-2, Haridwar, the proceedings related to pension/residual retirement benefits will be completed by the DDO office, Saharanpur. True copy of documents dated 07.03.2024, 14.03.2024 and 23.04.2024 are being Collectively filed herewith and marked as Annexure No. P.A.-2 to this affidavit
In pursuance of aforesaid direction, the Executive Engineer, Ganga Central Canal Quality Control vide letter dated 02.07.2024 informed that the petitioner was telephonically and personally contacted to complete all the formalities/signatures but till date she did not completed the formalities/signatures due to which his pension matter could not be forwarded. Copy of letter by executive officer dated 02.07.2024 is being filed herewith and marked as Annexure No. P.A.-3 to this affidavit.
Issues for consideration
2 issues framed by the court
Whether respondents were liable to initiate disciplinary proceedings for delay in payment of post-retiral benefits.
Whether to issue interim mandamus to a specific executive officer.
Parties & counsel
- petitioner
Smt. Urmila Joshi
- respondent
State of U.P.
Coram
J.J. Munir, J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- WRIA/6835/2024
All orders in this case
5 orders share this CNR
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