Hon’ble Rakesh Tiwari, J.—learned counsel for the parties and perused the record.

2. It is not denied by the respondents that the petitioner retired from service on 31.12001 from Nagar Nigam, Kanpur Nagar.

3. Learned counsel for the petitioner states that his entire retiral dues and pension have not been paid as yet.

4. According to Government order dated 13.12.1977 the pension papers of a retired employee should be prepared and sent to the authority concerned for sanction of pension and retiral dues etc., before six months from the date of his retirement.

5. The controversy of the instant writ petition is squarely covered by the controversy involved in Civil Misc. Writ Petition No. 21297 of 2004 (Rasheed Ali v. State of U.P. and others) decided on 20.9.2005.

6. Sri Haridwar Singh, learned counsel appearing on behalf of the Nagar Nigam submits that the entire dues of the petitioner shall be cleared within six weeks but the Nagar Nigam requires some time to clear the dues due to financial crunch.

7. In the circumstances, no useful purpose would be served by keeping this petition pending, hence the petition is being decided.

8. In view of the ratio laid down in the aforesaid case of Rasheed Ali (supra), this writ petition is allowed with the direction that the retiral dues of the petitioner shall be paid by the respondent Nos. 2 and 3 with 10% compound interest within a period of six weeks from today and they will ensure payment of pension to the petitioner month by month as and when it falls due, otherwise the State Government will act in accordance with law against the erring officials of Nagar Nigam and will also recover the legitimate amount due to the petitioner as arrears of land revenue within one month thereafter and pay the same to the petitioner forthwith within a week of recovery. Cost is assessed as Rs. 5000/- on respondent Nos. 2 and 3 to be paid to the petitioner within a month for not taking action for payment of pension and other retiral dues within time in accordance with G.O. dated 13.12.77 and in making the retired employee run from pillar to post for his legitimate retiral benefits without any just cause.

Petition Allowed.

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