Court No. - 39
Case :- WRIT - A No. - 21013 of 2019 Petitioner :- Smt. Jamuna Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Kumar Tripathi Counsel for Respondent :- C.S.C.,Rajmani Yadav
Hon'ble Ashwani Kumar Mishra,J.
Heard counsel for the petitioner, learned standing counsel on behalf of respondent No. 1 and Sri Rajesh Kumar Yadav, Advocate on behalf of respondent Nos. 2 and 3.
The petitioner is receiving family pension from Nagar Nigam, Allahabad. Her grievance is that she is not being paid enhanced family pension as per the recommendations of the Vth Pay Commission and that the directions given by a Division Bench of this Court in the case of Moti Lal Agrawal Versus The State of U.P. reported in 1996 (2) ESC 612 and which was followed in subsequent judgment in the case of Smt. Qamar Jahan Versus State of U.P. reported in 2008 (2) ESC 977 (Alld), are not being followed.
In this regard, the petitioner has already represented to the Nagar Aayukt, Nagar Nigam, Allahabad by representation dated 15.11.2019 but to no avail.
Learned counsel appearing for the Nagar Aayukt, Nagar Nigam, Allahabad submits that the representation of the petitioner shall be decided by Nagar Aayukt, Nagar Nigam, Allahabad and all benefits which are admissible to her will be given keeping in view the directions given in the earlier judgments of this Court.
In view of the above and with consent of the learned counsel for the parties, this writ petition is disposed of finally with a direction to the respondent No.2 to take final decision in the matter regarding enhancement of family pension to the petitioner on the basis of her representation dated 15.11.2019 and keeping in view the directions given by the Division Bench of this Court in the case of Moti Lal Agrawal (supra) and Smt. Qamar Jahan (Supra).
Order Date :- 19.12.2019 Anil