B.L. Yadav, Palok Basu, J. - (1.) By the present petition under Article 2 6 of the Constitution of India, the petitioner has prayed for a writ of mandamus directing respondents Nos. 1 and 2 to forward pension papers to Accountant General, U.P. for final payment of pension, gratuity and commutation, payable to the petitioner.
(2.) Heard the learned counsel for the parties. Sri S.K. Sharma, learned counsel for the U.P. State Road Transport Corporation has filed counter-affidavit indicating that a loss to the tune of Rs. 6149.72 paise was caused by the petitioner and the said matter is still pending. After tooking into the counter and rejoinder affidavits and having heard the learned counsel for the parties, including the standing counsel, we are of view that the said claim of the corporation is unjustified under the circumstances of the case. Consequently we are of the opinion that a case for issuence of mandamus has been made out, we direct the respondent No. 2, to forward all the relevant papers relating to pension, gratuity, and provident fund, etc., pertaining to the petitioner should be forwarded to the concerned department and the State of U.P. within a month. The Secretary, Transport Department, would decide the matter about the payment of pension and gratuity etc. and would forward the same within next two months to the Accountant General, U.P., Allahabad for payment of pension and gratuity, etc.
(3.) The writ petition is accordingly disposed of. Petition allowed.;