GANGA DEVI Vs. CHAIRMAN/EXECUTIVE OFFICER SHIKOHABAD

JUDGEMENT

(1.) The petitioner was appointed as a Sweeper on Class IV post in the Nagar Palika Parishad Shikohabad, District Firozabad and was subsequently confirmed in service. On attaining the age of superannuation, the petitioner retired from service on 31.1.1998. After completing all the formalities, the papers relating to the payment of pension and other retirement benefits had been forwarded by Nagar Palika Parishad, Shikohabad, District Firozabad to Assistant Director, Local Fund Accounts Pariksha Vibhag, U.P. Vyavasayik Kendra, Agra, Respondent No. 2. On 16.12.2000, Respondent No. 2 accorded sanction for payment of Rs. 45,556/- plus pension of Rs. 796.25 per month with effect from 1.2.1998. Since the petitioner was not paid the said amount of retiral dues as well as pension, the petitioner has filed this writ petition with a prayer for a direction to the respondents to pay the pension and other retiral benefits as well as the arrears of salary and leave encashment in compliance of the directions of Respondent No. 2 dated 16.12.2000.

(2.) I have heard Sri Indal Singh, learned counsel appearing on behalf of the petitioner as well as Sri Awadesh Prasad, learned counsel appearing on behalf of respondent No. 1 and the learned Standing Counsel appearing on behalf of respondent Nos. 2 to 5 and have perused the record.

(3.) The facts as stated in the writ petition have not been disputed by Respondent No. 1 in its counter affidavit. Thus the sanction and 'approval for payment of retiral dues and pension to the petitioner by Respondent No. 2 vide its order dated 16.12.2000 stands confirmed. Despite the same, the Chairman/Executive Officer, Nagar Palika Parishad, Shikohabad, District Firozabad, Respondent No. 1, has not paid the retiral dues to the petitioner and the only ground taken in the counter affidavit is the lack of fund.