Court No. - 7
Case :- WRIT - A No. - 23043 of 2018 Petitioner :- Kalawati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,Amit Shukla Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sunil Kumar Srivastava, learned counsel for the petitioner; Sri Amit Shukla, learned counsel for the respondent nos. 2 and 3 and learned Addl. Chief Standing Counsel for the State respondent.
2. Petitioner claims that her husband superannuated as an assistant teacher from Primary School, Mar, Block Bilsanda, District Pilibhit on 01.05.2003. However, during the service period the husband of the petitioner was convicted under Section 302 IPC and had served sentence from 1995 to 2000.
3. At present, the petitioner appears to be aggrieved by non- payment of family pension, retiral and terminal dues arising from the service rendered by her husband, which have not been paid to her. He further states that she has made a representation to the District Basic Education Officer, Pilibhit - respondent no.3 on which a report also appears to have been submitted by the Block Education Officer, Bilsanda, District Pilibhit on 26.09.2018 supporting the claim made by the petitioner. However, payments have yet not been made to her.
4. Sri Amit Shukla, learned counsel for the respondent nos. 2 and 3 submits that clearly the issues have yet to be decided by the District Basic Education Officer, Pilibhit and in absence of such decision the family pension and the terminal dues may not be paid to the petitioner.
5. In view of the above, no useful purpose would be served in keeping this writ petition pending or calling for counter affidavit. The present writ petition is disposed of with a direction to the respondent no.3- District Basic Education Officer, Pilibhit to decide the petitioner's representation dated 06.03.2018 (Annexure-5 to the writ petition), strictly in accordance with law, as expeditiously as possible, necessarily within a period of two months from the date of communication of this order to the said respondent by the petitioner.
Order Date :- 27.10.2018 Lbm/-