GEETA DEVI Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2009-4-812
HIGH COURT OF ALLAHABAD
Decided on April 20,2009

GEETA DEVI Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

RAKESH SHARMA, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel representing respondents No. 1 to 5.
(2.) THE petitioner, a widow of erstwhile Cane Development Inspector at the relevant time working at Azamgarh has approached this Court seeking post retiral benefits admissible to her husband late Sri Ganga Dhar Singh and assailing the recovery proceeding initiated against the retired employee. It emerges from the record that the petitioner's husband Sri Ganga Dhar was working as Cane Development Inspector. A departmental enquiry was initiated against him which had resulted in awarding of minor penalty. The order imposing penalty issued by the Cane Development Commissioner on 27.9.1991 was challenged by filing writ petition No. 1675 of 1992, Ganga Dhar Singh v. Cane Commissioner, U.P. and others. This Court has been pleased to pass an interim order staying the recovery from the salary of the petitioner vide interim order dated 15.4.1992. This order is still operative.
(3.) THE petitioner's husband had retired on attaining the age of superannuation on 31.1.2001. Immediately after the retirement, the provisional pension was sanctioned and part of post retiral benefits under various heads were released. Pay fixation of the petitioner's husband was also carried out and an order was passed by the District Cane Officer on 4.4.2002. While pursuing the authorities to settle the pension and other benefits, the petitioner's husband Ganga Dhar Singh had died on 29.7.2006.;


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