LAWS(ALL)-2008-12-1

RADHEY SHAYAM LAVANIA Vs. STATE OF U P

Decided On December 19, 2008
RADHEY SHAYAM LAVANIA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to implead Basic Shiksha Prishad, U. P. Allahabad, through its Secretary as respondent No. 4 in the array of respondents. Learned Standing Counsel has accepted notice on behalf of respondent No. 1. Sri Ajit Dubey, Advocate, has entered appearance on behalf of remaining respondents. On 12. 12. 208, time was accorded for seeking instruction, but on the matter being taken up today no instruction has been received. Respondents may file counter affidavit within eight weeks. Rejoinder affidavit may be filed within next four weeks. List thereafter. Matter pertains to payment of post retiral benefits, and the grounds, on which said proceedings are not being finalised, is that petitioner should make payment of electricity charges and produce No Dues Certificate in the office of the District Basic Education Officer, only then papers qua pension will be prepared and forwarded. Prima facie after attaining the age of superannuation, petitioner is being put to harsh condition, as such respondents are directed to see and ensue that papers in relation to post retiral benefits are prepared and transmitted to the competent authority for necessary action, irrespective of the fact that electricity charges are to be paid and No Dues Certificate qua the same is to be produced. .