Court No. - 18
Case :- WRIT - A No. - 6589 of 2018 Petitioner :- Hari Naam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Deo Ojha Counsel for Respondent :- C.S.C.,Deo Dayal
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State respondent and Shri Deo Dayal, Advocate appearing for the second and fourth respondents.
Petitioner is before this Court with the request to direct the respondents to pay the family pension alongwith arrears and other benefits to the petitioner. Further prayer has been made to direct the second respondent to decide the representation of the petitioner in the light of the Government Order dated 28.04.1973.
It appears that the father of petitioner namely Shri Mewa Ram was appointed as Assistant teacher on 23.07.1950 in Primary School Dedhwalia, Chandauli and lateron he died in harness on 06.02.1967 due to illness and now the petitioner is before this Court with the abovementioned request.
At the very outset Shri Deo Dayal, learned counsel for the second and fourth respondents raised a preliminary objection regarding the maintainability of the writ petition on the ground of delay and laches and submits that since the demise of Shri Mewa Ram neither her mother nor the petitioner has approached to the Competent Authority within time bound period and after the lapse of more than 40 years period by means of present Writ Petition claim for family pension is being made on the basis of Government order dated 28.04.1993 and as such,the present matter is liable to be dismissed on this sole ground.
Confronted with this situation, learned counsel for the petitioner states that so far as the claim of petitioner for family pension is concerned, the same is perpetual in nature as the mother of the petitioner has regularly approached to the respondents for family pension but no heed has been paid on her request and after receiving the communication/order dated 21.01.2014 issued from the office of District Basic Shiksha Adhikari, Chandauli, the petitioner is before this Court with the abovementioned prayer and in case of much delay in finalizing the claim of petitioner, there would be much more urgency in the matter.
Once such is the factual situation that father of petitioner has died on 06.02.1967 and even the mother of petitioner has died on 25.12.1985 and thereafter after more than four decades, the petitioner has moved an application dated 21.12.2013 before the District Inspector of Schools and the same was rejected by the order of the District Inspector of Schools, Chandauli on 21.01.2014 on the ground that at the time of death of father of petitioner, no family pension scheme was there, then at this belated stage, the claim of the petitioner for family pension cannot at all be accorded by this Court.
Writ Petition sans merit and is dismissed accordingly.
Order Date :- 23.2.2018 A. Pandey