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2009 Supreme(All) 3208

SUDHIR AGARWAL
KANTI DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Kumar Srivastava, R.C. Tiwari, Ram Lal Singh for the Petitioner; S.C. for the Respondents.

JUDGMENT

Honble Sudhir Agarwal, J.—Heard Sri Ram Lal Singh, Advocate assisted by Sri R.C. Tiwari for the petitioner and learned Standing Counsel for the respondents.

2. District Magistrate, Sonbhadra vide order dated 26.6.2006 has rejected the claim of petitioner for payment of retiral benefits as well as family pension to the petitioner after the death of petitioner’s husband, Sri Kamla Kant Chaubey and aggrieved thereto the present writ petition has been filed seeking a writ of certiorari for quashing of the same and also a writ of mandamus directing the respondents to pay arrears of salary, pensionary benefits including family pension etc.

3. The facts in brief as not disputed are that the petitioner’s husband Late Kamla Kant Chaubey was employed as Lekhpal on temporary basis on 18.11.1957 and was terminated by order dated 29.11.1963 passed by the District Magistrate, Mirzapur. The said order of termination was assailed in Writ Petition No. 219 of 1964 which was allowed vide judgement dated 24.4.1966. The Writ Petitions No. 215 of 1964 and 217 of 1964 involving a similar controversy were decided on merits and the petitioner’s writ petition was decided in terms of the judgement pa




















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