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2008 Supreme(All) 1780

V.M.SAHAI, S.P.MEHROTRA
KAVITA KUMAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Vipin Saxena for the Petitioners; A.N. Shukla, S.C. for the Respondents.

JUDGMENT

By the Court.—The present writ petition has been filed, inter-alia, praying for issuance of writ in the nature of mandamus for award of interest on the delayed payment of the retiral benefits payable in respect of the deceased husband of the petitioner.

2. We have heard Sri Vipin Saxena, learned counsel for the petitioner and Sri A.N. Shukla, learned Standing Counsel appearing for the respondents No. 1 to 4.

3. The husband of the petitioner Ajay Kumar was working as Assistant Engineer in the Irrigation Department of the State of U.P. He died in service while he was posted at Saharanpur on 30.11.1994. The respondents did not pay his post-retiral benefits including family pension on the ground that some advances were outstanding against him. From the enquiry report filed as Annexure-1 to the writ petition, it is clear that the petitioner was transferred from Kanpur to Saharanpur in August 1986. But the then Executive Engineer Sri P.P.N. Singh kept on withdrawing the money and raising amount as advances to the petitioner from September 1986 to August 1987 when the petitioner was working at Saharanpur and there was no question of advancing any amount to the petitioner at Kanpur













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