Court No. - 39
Case :- WRIT - A No. - 49929 of 2011 Petitioner :- Hari Das Tripathi Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ram Kishor Gupta Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
On the last occasion i.e. 17.7.2019, Court has passed following order;
"Present petition has been filed in the year 2011 for payment of pensionary benefits.
On last occasion i.e. 03.07.2019, Court has passed the following order:- "Vth supplementary affidavit filed today is taken on record.
Learned counsel for the petitioner submitted that now Government has taken a decision to provide pensionary benefits as claimed by petitioner. In this regard, a letter dated 12.4.2019 was issued to the petitioner to complete formalities and pursuant to that, petitioner has also filled up a form for pensionary benefit, but till date no payment has been made to the petitioner.
Learned Standing Counsel prays for and is granted two weeks time to file supplementary counter affidavit and also inform about status of payment of pensionary benefits as claimed by petitioner.
List this case on 17.7.2019."
Today, learned standing counsel neither filed supplementary affidavit nor provided any instruction with regard to the status of payment of pensionary benefits to petitioner and prays for further time.
As prayed, list this case on 31.07.2019 to comply the order dated 03.07.2019, failing which respondent Nos. 3 & 4 shall remain present before this Court along with records."
Pursuant to that order, learned standing counsel has informed that compliance affidavit dated 30.07.2019 has been filed in the registry on the same day i.e. 30.07.2019, which is not on record.
Office is directed to trace out the same and place it on record.
Learned standing counsel has produced the photocopy of compliance affidavit dated 30.07.2019, which is taken on record. In the said affidavit, the amount which is required to be paid to the petitioner is not disputed, but only stated that file is moving from one place to another place. In paragraphs 10 and 11 of the affidavit, it is stated that vide order dated 19.07.2019, one Sri Anil Kumar, Senior Assistant and Sri Rajesh Kumar, Amin Sahyogi have been deputed and assigned the work to provide the pay bill register of petitioner from the date of initial appointment in the office of Commissioner and Registrar, Cooperative, Lucknow. It is also stated that as soon as allocation of budget is being done by the office of Commissioner and Registrar, Cooperative, Lucknow and the same is released to the respondent office, the payment of arrears of petitioner will be done.
Under such facts and circumstances, respondent nos. 2 and 3 are directed to complete all formalities required for payment to the petitioner and pay the amount, which is due to the petitioner, maximum within a period of three weeks from today. In case, payment is not made, respondent nos. 2 and 3 shall file their personal affidavits informing the reasons for non payment as payment is not disputed in 5th affidavit dated 5.5.2019 and compliance affidavit dated 30.07.2019.
List this case on 21.08.2019.
Order Date :- 31.7.2019 Arvind