Court No. - 34
Case :- WRIT - A No. - 10779 of 2002 Petitioner :- Jaiveer Singh Respondent :- State Of U.P. Thru' Principal Secy. Home & Ors.
Counsel for Petitioner :- V.K. Jaiswal Counsel for Respondent :- C.S.C.,Rajesh Pathik
Hon'ble Sudhir Agarwal,J.
1. Present Sri V.K. Jaiswal, counsel for petitioner.
2. This writ petition has been filed by petitioner against order dated 22.2.2002 passed by Senior Superintendent of Police, Moradabad and also seeking direction for respondents to grant pension to him till attaining the age of majority of two minor children of Late Dharampal Singh, Sub-Inspector.
3. Petitioner's brother, Dharampal Singh-Sub Inspector in U.P. Police was posted in police station Hasanpur, Moradabad who died on 30.05.1994 in an accident. His second wife, Smt. Sushil also died on 01.06.1994 leaving behind two minor sons, namely, Akashdeep and Navdeep. His first wife, Smt. Sureshwati is alive.
4. Petitioner claiming himself to be appointed as guardian of minor children of his late brother wants to retain pension till his children are attaining age of majority.
5. It has been stated by S.S.P., Moradabad that since Smt. Sureshwati, first wife was nominated by late Dharampal Singh for receiving his entire dues and there was no dissolution of marriage in accordance with law, hence petitioner is not entitled to claim pension or any other retiral benefits of his late brother.
6. Despite repeated query, counsel for petitioner has failed to show any legal right for claiming pension of his late brother.
7. Writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 27.4.2018 Siddhant Sahu