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2005 Supreme(All) 2139

RAKESH TIWARI
VINAY KUMAR TANDON – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
R.S. Mishra for the Petitioner; Haridwar Singh and S.C. for the Respondents.

JUDGMENT

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



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