SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri A.N. Rai for the petitioner, learned Chief Standing Counsel assisted by Standing Counsel and Sri H.M.B. Sinha for the respondents.

(2.) SINCE pleadings are complete, as requested and agreed by learned counsel for the parties, the writ petition is being heard and decided finally at this stage under the Rules of the Court.

(3.) IN this case also the petitioner has approached this Court seeking a writ of mandamus commanding the respondents for payment of retiral benefits to the petitioner after the retirement of his mother, who has also died while struggling seeking payment of such retiral benefits. The tragedy of the petitioner is writ large. Her mother Sunhari Devi, wife of Pyare was working as a permanent Safai Karmchari in Nagar Palika Parishad, Khurja, District Bulandshahar and on attaining the age of superannuation of 60 years, retired on 31.1.1997. However, her retiral benefits were not paid despite of repeated request and ultimately after having struggled, in the hope of getting her retiral benefits, for almost 12 and more she died on 27.9.2009 and that is how now her son has approached this Court by means of the present writ petition seeking above relief which included gratuity, leave encashment, pension etc.