SUDHIR AGARWAL,J. - (1.) Heard Sri Nitin Khanna, learned counsel for petitioner and learned Standing Counsel for respondents.
(2.) The only grievance of petitioner is that Smt. Tara Dayalani wife of petitioner, was appointed as Mukhya Sevika, Bal Vikas Pariyojna Baldi Sarai, Sultanpur in 1984. She met an accident and died on 12.11.1995. However, her post-death dues, namely, Provident Fund, Gratuity and arrears of salary etc. were not paid, for which representations were made by petitioner, pursuant whereto Deputy Director, Bal Vikas Evam Pushtahar, U.P., Lucknow vide order dated 03.07.1998 (Annexure-8 to writ petition) directed District Programme Officer, Gonda to clear the outstanding dues of deceased, Tara Dayalani but even then the same has not bee paid.
(3.) In the counter affidavit filed by respondents I do not find any adequate justification for not making payment. On the contrary, in para 14 of counter affidavit it is admitted that dues of Smt. Tara Dayalani could not be released. Para 14 of counter affidavit reads as under: "14. That the contents of paragraph-13 of the writ petition are admitted only to the extent it has been stated that the dues of Smt. Tara Dayalani could not be released till date. So far as the amount is concerned, it is submitted that figure can be given only after calculating the amount." ;