Court No. - 38 Case :- WRIT - A No. - 40339 of 2010 Petitioner :- Gayatri Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramesh Kumar Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Husband of the petitioner was a Regular Amin, who died in 1992. According
to the petitioner, being a widow, the retiral benefits and family pension have
not been paid to the petitioner in spite of the repeated request and
representation. Petitioner is running from pillar to post from 1999 regarding
the payment of family pension and other benefits, for which she is entitled. In
2008 it was informed that there was some recovery against the husband of the
petitioner to the tune of Rs. 50,932.23/-, and there is no record available
whether aforesaid money was deposited by the husband of the petitoner or by
his family members. But in spite of the aforesaid facts and circumstances
family pension, G.P.F. and gratuity has not been paid to the petitioner.
I have considered the submission of the leaned counsel for the petitioner and
perused the record. Though from perusal of the record, it appears that there is
a clear laches on the part of the petitioner for approaching the court within a
reasonable time. In case the pension and other retiral benefit has not been
provided by the respondent to the petitioner, who is a widow, it can be treated
as recurring cause of action and therefore, this writ petition is being
entertained and is being disposed of accordingly.
In the facts and circumstances of the case, respondent no.2 is directed to take
a positive decision regarding the claim of the petitioner and dues of the salary
within a period of two months from the date of production of certified copy of
this order. It is also provided that dues, which are to be paid to the petitioner,
will be paid to the petitioner within a period of one month from the date of
taking a decision by the respondents.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 14.7.2010
Pr/-