Sudhir Agarwal, J. - (1.) The sole grievance of the petitioners is that the father of petitioner No. 1 and husband of petitioner No. 2 Late Sri Jagat Singh, who was working as Headmaster in Primary School died on 27.8.2004 and since then the petitioners are requesting the respondents to pay retiral dues of the deceased employee like, provident fund, gratuity, insurance and arrears of family pension etc. but till date nothing has been done by the respondents.
(2.) In the counter affidavit filed by respondents the only defence taken is that the matter is under consideration. It also appears from the counter affidavit that for the first time in 2005 the respondents initiated the matter regarding payment of retiral dues of the deceased employee, passing the order dated 30.11.2005, declaring that the suspension of the deceased employee stands terminated on 27.8.2004 and he will be deemed to have been reinstated on the said date for the purpose of retiral benefits but without any salary. Thereafter, the only factum mentioned in the counter affidavit is that an objection was raised by the Finance and Accounts Officer, Basic Education, Moradabad about the status of. the deceased employee which was clarified by letter dated 29.8.2008 and since then the matter is pending and under consideration.
(3.) Virtually there is no defence at all. It is evident that the respondents are simply sitting tight over the matter which cannot be for any bona fide reasons; Once it is not disputed that the deceased employee was entitled for retiral dues and the same were liable to be paid, inaction on the part of the respondents in clearing the dues and that too for almost more than five years is really very serious and deserves to be dealt with strictly.;