MAHFOOZ HUSAIN KHAN ALTAF HUSAIN Vs. STATE OF U P
LAWS(ALL)-2006-3-282
HIGH COURT OF ALLAHABAD
Decided on March 28,2006

MAHFOOZ HUSAIN KHAN, ALTAF HUSAIN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) Heard learned Counsel for the parties and perused the record.
(2.) The petitioner retired as Office Assistant-I from the office of Electricity Urban Distribution Circle, Gorakhpur on 30.6.2004 after attaining the age of superannuation, i.e., 58 years. Respondent No. 5 U.P. Power Corporation Ltd. Mohaddipur, Gorakhpur did not pay his retiral dues in spite of directions dated 10.2.2005 by the Chief Engineer Distribution, U.P. Power Corporation (hereinafter referred to as the Corporation). It is in these circumstances that the petitioner has come up in this writ petition for the following reliefs: (a) issue a writ, order or direction in the nature of mandamus commanding the respondent No. 5 to sanction final pension w.e.f. 1.7.2004 with payment countation. (b) issue a writ, order or direction in the nature of writ of mandamus commanding to respondent No. 5 to fix revised pay scale w.e.f. 1.1.1996 as per corporation order dated 11.01.2005 with payment arrear along with interest of 1 8%. (c) Issue a writ, order or direction in the nature of writ of mandamus commanding to respondent No. 5 to pay the amounts of revised Gratuity and to pay Ex-gratial for 2002-2003 and also other claims for which the petitioner is entitled according to law without any further delay. (d) Issue a writ order or direction in the nature of mandamus commanding the respondent No. 5 as this Hon'ble Court may deem fit and proper in the circumstances of the case. (e) Award the cost of the petition to the petitioner.
(3.) Counter and rejoinder affidavits have been exchanged between the parties. However, in spite of directions for payment of retiral benefits issued by the Chief Engineer Distribution as stated above, the pension of the petitioner has not been paid to the petitioner.;


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