Court No. - 6
Case :- WRIT - A No. - 2245 of 2019 Petitioner :- Mrs. Gajala Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri J.S. Bundela learned Standing Counsel.
This petition has been preferred for a direction being issued to the respondents to pay family pension and release benefits accruing in respect of the services rendered by the husband of the petitioner.
From the record it appears that on 08 January 2019 the respondents had apprised the petitioner of the requirement of obtaining a succession certificate. However, Sri Rai learned counsel points out that the husband of the petitioner has remained missing right from 18 May 2015 and since a period of seven years is yet to elapse, the legal presumption of death does not operate and arise as a consequence of which the succession certificate cannot be obtained. The further aspect which assumes significance is that the petitioner's name is not recorded in the service book. There is evidently no nomination made in her favour. Even her status of being the legally wedded wife of the missing government servant cannot possibly be ruled upon in the absence of any cogent material in support of this assertion. This the Court notes since the only document which is relied upon is the Family Register and even the Nikahnama has not been annexed.
Faced with this situation Sri Rai learned counsel sought liberty to approach the concerned respondent with all requisite documents in support of the claim of the petitioner for release of benefits in her favour and for directions being issued to the competent authority to consider that claim and dispose it of in accordance with law.
Sri J.S. Bundela learned Standing Counsel appearing for the fifth respondent states that subject to such material being placed for the consideration of the said respondent, the claim of the petitioner shall be duly attended to and disposed of by the said respondent and the final decision taken communicated to her within a period of four months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above.
Order Date :- 26.2.2019 faraz