ABDUL KUDDUS KHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Mirza Ali Zulfaquar, Advocate for petitioner, learned Standing Counsel for respondent No. 1, Sri Ajay Singh, Advocate for respondent Nos. 2,3 and 4 and Sri Dhananjay Awasthi, Advocate for respondent No. 5. With the consent of learned counsel for the parties, this writ petition is being decided finally under the Rules of the Court at this stage.

(2.) THE perennial complaint of harassment of a retired employee on account of non-payment of his retiral dues is again a cause of action in this writ petition. Time and again, this Court has expressed its concern and many a time has taken serious view, imposing penal interest and exemplary cost on the employer and other authorities responsible for delay in payment of retiral dues which is a fundamental right of employee concerned within the purview of Article 21 of the Constitution, yet has not resulted in improvement. THE employer and other authorities, responsible for such payment, are unabatedly going on causing a constant harassment to the poor retired employees taking advantage of their helplessness. This is really unfortunate and shameful.

(3.) THE employees' contribution to the tune of Rs. 3,55,000/- was paid to the petitioner but since the employer's contribution was not received by Corporation, the petitioner could not get his pension. In this regard, he sent a representation dated 15.12.2007 to the Corporation also. Reminders also sent on 29th February, 2008, and, 30th March, 2008 and thereafter this writ petition was filed.