Court No. - 36
Case :- WRIT - A No. - 14025 of 2020 Petitioner :- Durgesh Nandini Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arun Kumar Srivastava,Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for the State respondents.
The petitioner is before this Court for issuing direction to the second respondent for considering her claim for payment of family pension within some stipulated time.
It appears that the father of the petitioner namely Late Anand Shankar Sinha was working as Junior Engineer in Public Works Department. He had retired in the year 1978 and had died in the year 2001. The petitioner is unmarried daughter of late Anand Shankar Sinha. She is claiming family pension on the basis of the Government order dated 03.12.2012.
The matter was taken up on 25.2.2021 and on the said date, the Court had proceeded to pass following order:-
"In response to the order dated 10.2.2021 the Executive Engineer, Prantiya Khand, Lok Nirman Vibhag, Ballia-second respondent is present.
Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel makes a statement that after processing the matter of family pension the relevant papers have already been transmitted to the Accountant General Office. He submits that for according family pension the petitioner has submitted entire documents except the certificates showing her unmarried and unemployed. He further submits that some reasonable time may be accorded so that entire payment may be ensured in the matter. On his request, put up this matter as fresh on 25.3.2021.
Presence of the officer concerned is dispensed with. However, suffice to indicate, in case the entire payment in question is not ensured on or before the next date fixed in the matter, the second respondent shall remain present personally before this Court on the next date."
Again the matter was taken up on 03.8.2021 and on the said date, the Court had proceeded to pass a detailed order to the following effect:-
"Following orders were passed in the matter on 25.3.2021:-
"It appears that the father of the petitioner namely late Anand Shankar Sinha was working as Junior Engineer in Public Works Department. He had retired in the year 1978 and had died in the year 2001. The petitioner is unmarried daughter of late Anand Shankar Sinha and is seeking direction to the respondents to grant family pension to her.
The matter was taken up on 25.1.2021 and on the said date, the Court had proceeded to pass following order:-
"From the reading of Clause-4 of G.O., it is evident that the petitioner is entitled to the family pension. Further various documents of the respondents enclosed with the writ petition reveals that the respondents has adopted delaying tactics, inasmuch as from the said documents, it seems that the petitioner is entitled for the family pension.
This Court records its anguish over the approach of the authorities in adopting delaying tactics in granting family pension to the petitioner, who is handicap. In the facts and circumstances of the case, this Court summons the respondent no.2-Executive Engineer, to appear before this Court on the next date fixed and explain as to why the family pension of the petitioner is not being paid, and also show cause as to why the heavy damages may not be imposed upon him for causing harassment and delay in payment of the family pension to the petitioner.
Put up this case as fresh on 10.2.2021 before appropriate Bench."
Again the matter was taken up on 10.2.2021 and following order was passed:-
"Learned Standing counsel informs that the communication letter dated 28.1.2021 had been sent to the respondent no.2 namely Executive Engineer, Prantiya Khand, Lok Nirman Vibhag, Ballia to provide instructions and show cause in compliance of the order dated 25.1.2021.
No response however, has yet been received.
Let a bailable warrant be issued for ensuring the presence of the officer holding the post of Executive Engineer Prantiya Khand, Lok Nirman Vibhag, Ballia before this Court.
Put up on 25.2.2021 as fresh."
As per communication dated 10.3.2021 sent by the Senior Treasury Officer/ Pension State to the Executive Engineer, Provincial Division, P.W.D. Ballia, which was duly served upon the petitioner, the department has also informed to the petitioner for completing requisite formalities.
The Court is of the opinion that in absence of the relevant certificates, the relief, as has been asked for, cannot be extended to the petitioner.
Confronted with this situation, learned counsel for the petitioner states that every sincere effort shall be made by the petitioner so that in response of the aforesaid communication the requisite formalities may be completed.
On his request the case is passed over. Put up this matter again as fresh on 29.4.2021. The personal presence of the officer concerned is dispensed with."
Learned Standing Counsel submits that petitioner's claim has already been forwarded to the office of Accountant General and the matter is pending before such authority.
Petitioner is permitted to implead Accountant General as respondent no.6 in the writ petition. Notice of this petition shall be served upon the counsel concerned, within three days, so that he may obtain instructions in the matter.
Post as fresh, once again, on 13.8.2021."
It has been apprised by learned Standing Counsel that the department concerned has already forwarded all the relevant papers submitted by the petitioner for processing the same and now, the matter is ceased before the newly impleaded respondent no.6.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and without adverting on the merit of the case, the writ petition stands disposed of finally with the direction to the newly impleaded respondent no.6 to proceed in the matter strictly in accordance with law and decide the same, taking into account the recommendation so made by the department concerned, as expeditiously as possible and preferably within six weeks from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 RKP