Court No. - 6
Case :- WRIT - A No. - 9134 of 2019 Petitioner :- Arti Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashwani Kumar Srivastava,Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred seeking the following relief:-
"Issue a writ order or direction in the nature of Mandamus directing the respondent No.4, District Inspector of Schools, Bhadohi and the respondent No.5 Principal Sri Ram Sanskrit Uchchattar Madhyamik Vidyalaya Gopiganj Bhadohi to enter the name of the petitioner Smt. Arti Devi in service book of Jagdish Prasad Singh, Assistant Teacher, Sri Ram Sanskrit Uchchattar Madhyamik Vidyalaya Gopiganj, Bhadohi for the purpose of family pension and other post retiral benefits and also direct the District Inspector of Schools Bhadohi to provide a photocopy of the service book showing the name of Smt. Arti Devi as wife of Jagdish Prasad Singh for the purpose of family pension and other post retiral benefits"
There appears to exist a dispute between the petitioner and her husband who is the government servant. This is evident from the order passed by the Principal Judge in proceedings taken under Section 125 Cr.P.C.. Be that as it may, this Court finds itself unable to issue the writ as prayed for and as framed for the following reasons.
Whatever be the claim of the petitioner against her husband insofar as the issue of maintenance and other allied aspects are concerned, they must necessarily be claimed and agitated for separately. A mandamus cannot issue commanding the government servant or the employer to record the name of the petitioner as the beneficiary of his post retiral benefits. The petition is dismissed.
Order Date :- 30.5.2019 faraz