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R C Nigam (xxxxxxxxx)     29 March 2011

Action against misleading averment

I retd from Railway in Aug 1993. Having failed to get payment of retira and other dues, a petition was filed before learned CAT, Lucknow, in 1995. The DRM/NR/Lucknow filed his CR in 1998, stating that the Bills had been passed and nothing remained due, bringing a Judgment in 2001, directing the Respondent to make payment of whatever dues were there, without quantifying the amount, as requested in the petition or interest on dues as demanded in relief.

I went for appeal before Hon'ble HC/Lucknow, where in the Respondent averred repeatedly that all payments had been made. However, my gratuity was paid to me in the year 2008.

I want expert opinion on:

i. who are responsible for such misleading/false averments?

ii. what is the process open for me to get the offenders suitably taken up?

iii. since my age is now 75, am I entitled for any priority for early disposal of my case? how can I get the petition disposed off early?

iv. does the matter fall under violation of Human Rights, as my earnings are not being paid to me? if so, how can I get relief.



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