MAHESH CHANDRA TRIPATHI, J. - (1.) HEARD Shri Rajesh Tewari, learned counsel for the petitioner and Shri Nripendra Mishra, learned counsel for the respondents.
(2.) BY means of present writ petition, the petitioner has prayed for following reliefs: - "1. a writ, order or direction in the nature of mandamus directing the respondents to pay the entire retiral benefits to the petitioner including pension, G.P.F. and gratuity etc. 2. a writ, order or direction in the nature of mandamus directing the respondent no.3 to decide the representation dated 19.1.2004 filed by the petitioner (Annexure '1') to the writ petition. 3. a writ, order or direction in the nature of mandamus directing the respondent no.3 not to compel the petitioner for vacating quarter no.1 -33/11, K.B. Sub Station, Kamla Nehru Nagar, Ghaziabad till the post retiral benefits are paid to the petitioner. 4. any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. 5. to award the cost of the petition."
(3.) THIS Court vide order dated 27.02.2004 had entertained the writ petition and passed following interim order in favour of the petitioner: - "Sri Nipendra Mishra has accepted notice on behalf of all the respondents. It is the case of the petitioner that he retired from the service of Respondent -Corporation on 31.7.2003 but despite seven months having passed, the petitioner has not been paid his retiral benefits likely G.P.F., Gratuity, Pension, Leave Encashment etc. Further grievance of the petitioner is that even though the respondents are not paying the retiral benefits to the petitioner, but they are insisting on the petitioner to vacate the residential quarter which was provided to him during his service period. Considering the facts and circumstances of this case, it is directed that the Respondent -Corporation shall pay to the petitioner his retiral benefits within a period of two months from today or to show cause by the next date. Till the next date of listing, the petitioner shall not be vacated from the residential quarter, which was provided to him during his service period. List in the week commencing 4.5.2004." During the pendency of the writ petition, the petitioner had died and a substitution application has been filed by the wife of the petitioner, which had been allowed on 27.09.2013. This petition is now being contested by the newly impleaded petitioner (wife).;