SUDHIR AGARWAL, J. - (1.) HEARD Sri A.N. Rai for the petitioner, learned Chief Standing Counsel assisted by Standing Counsel and Sri H.M.B. Sinha for the respondents.
(2.) SINCE pleadings are complete, as requested and agreed by learned counsel for the parties, the writ petition is being heard and decided finally at this stage under the Rules of the Court. These days this kind of cases are frequently coming to this Court where the employees or their dependant family members facing starvation on account of non payment of retiral and other benefits after retirement or death, and having not received any amount from the employer for long are forced to invoke equitable and extraordinary jurisdiction under Article 226 of the Constitution by filing the writ petition before this Court seeking a writ of mandamus for payment of their rightful and lawful dues. Denial or non payment thereof on the part of the employer is normally found without any reason or justification on the part of the employee concerned.
(3.) IN this case also the petitioner has approached this Court seeking a writ of mandamus commanding the respondents for payment of retiral benefits to the petitioner after the retirement of his mother, who has also died while struggling seeking payment of such retiral benefits. The tragedy of the petitioner is writ large. Her mother Sunhari Devi, wife of Pyare was working as a permanent Safai Karmchari in Nagar Palika Parishad, Khurja, District Bulandshahar and on attaining the age of superannuation of 60 years, retired on 31.1.1997. However, her retiral benefits were not paid despite of repeated request and ultimately after having struggled, in the hope of getting her retiral benefits, for almost 12 and more she died on 27.9.2009 and that is how now her son has approached this Court by means of the present writ petition seeking above relief which included gratuity, leave encashment, pension etc.;