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2007 Supreme(All) 881

SUDHIR AGARWAL
VIRENDRA PRAKASH VERMA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
Ram Chandra Srivastava for the Petitioner; R.D. Khare, S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Ram Chandra Srivastava, learned Counsel for the petitioner and Sri R.D. Khare, learned Counsel for the respondents.

2. Since the counter and rejoinder affidavits have exchanged, as agreed by learned Counsel for the parties the writ petition is being finally decided at the admission stage under the rules of the Court.

3. The petitioner has approached this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to pay pension and gratuity including arrears from the date of superannuation with interest of Rs. 18% within a stipulated time.

4. In brief the facts as stated in the writ petition are that the petitioner is working as Junior Engineer in the erstwhile U.P. State Electricity Board and now U.P. Power Corporation Ltd. After attaining the age of 58 years he retired on 30.11.2002 and provisional gratuity and pension was fixed by the respondents vide order dated 8.10.2002 sanctioning payment of Rs. 74,680/- towards 90% amount of gratuity (provisional) and vide order dated 16.12.2002 minimum pension as Rs. 1,275/- w.e.f. 1.12.2002. The petitioner made a representation dated 19.12.2003 reque











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