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2014 DIGILAW 472 (UTT)

Devki Devi v. Registrar U. P. Cooperative Societies, Lucknow

2014-10-16

SUDHANSHU DHULIA

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Judgment Sudhanshu Dhulia, J. 1. Mr. Vinod Tiwari, Advocate, present for the petitioner. 2. Ms. Beena Pande, learned Standing for the State of U.P./respondent nos. 1, 2 & 8. 3. Mr. Vikas Pandey, learned Brief Holder, present for the State of Uttarakhand/ respondent nos.3, 4, 5, 6, 9 and 10 only. 4. Petitioner is a widow of a government employee of State of U.P. who was serving in U.P. Cooperative Department. He had earlier filed a writ petition (Writ Petition No.27469 of 1994) for fixation of his pay etc. before the Hon’ble High Court of Judicature at Allahabad in the year 1994, which was ultimately transferred to this Court on creation of new State of Uttarakhand. By that time the petitioner’s husband passed away on 26.01.2007 and amendments were also incorporated in the writ petition which was ultimately allowed on 23.11.2009 with the directions to the authorities in U.P. to give arrears of salary as well as family pension to the petitioner. 5. However, as per the petitioner all the retirement dues and family pension have not been given to the petitioner as yet. She has been communicating with the authorities but in vain. This conduct of the authorities verges on contempt of this Court. 6. Learned counsel representing the authorities of State of U.P. fairly submits that she will address the authorities and she will file a detail affidavit before this Court by the next date of listing. 7. In view thereof, the Registrar, U.P. Cooperative Societies, Lucknow/respondent no.1 is hereby directed to pay all the dues to the petitioner including the retirement benefits and the family pension etc. by the next date of listing or show cause as to why they are not liable to be given. Sufficient time needs to be given to the concerned authority in order to enable him to either comply with the order or to file a detail affidavit, accordingly six weeks time is hereby granted. 8. List this writ petition on 28th November, 2014 in a daily cause list.