This writ petition was filed in the year 2006. At the admission stage, following order was passed by this Court on 17.1.2006 which is reproduced as below:
"Heard counsel for the parties and perused the record.
The Standing counsel has accepted notice on behalf of respondent no.1.
Issue notice to respondent no.2 returnable at an early date.
The husband of the petitioner died in harness on 26.5.2003. The grievance of the petitioner is that she has not been paid the post death retiral dues and family pension as yet by the respondents.
An employee is entitled to retiral benefits on his/her retirement for which formalities have to be got completed by the departments before the date of retirement of the employee. Non-payment of retiral dues is hit by Article 21 of the Constitution of India.
In the circumstances, the respondents are directed either to pay the aforesaid dues of the petitioner with 10 per cent compound interest from due date till the date of payment within a period of 6 weeks from today or they may show cause within two months by filing counter affidavit. Rejoinder affidavit may be filed within 3 weeks thereafter. In case the cause/counter affidavit is not filed within the time allowed by this Court, respondent no. 2 shall be personally present in Court on the date fixed.
List thereafter."
Learned counsel for the petitioner submits that post death retiral dues and family pension have not been paid to the petitioner till date.
Counter affidavit has not been filed by the respondents. Learned counsel for respondent no. 2 is not present when the case was called out today.
Let notice be issued to the Municipal Commissioner ,Varanasi to show-cause as to why the order passed by this Court on 12.1.2006 has not been complied with .
List on 7.7.2014 by which date, it is expected that respondent no.2 may comply with the order dated 12.1.2006 failing which, a cost of sum of Rs. 25000/- shall be imposed on the Municipal Commissioner, Varanasi which may be deducted from his salary account. In case of non-compliance of the order, the Municipal Commissioner, Varanasi shall personally appear before this Court on 7.7. 2006 or ensure his representation through an officer next in order.
Learned counsel for the petitioner is permitted to serve a copy of this order on the Municipal Commissioner , Varanasi within 10 days .
Order Date :- 13.5.2014 aks (Attau Rahman Masoodi J.)