Court No. - 74
Case :- WRIT - A No. - 5299 of 2021 Petitioner :- Kamana Sharma Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Jeet Bahadur Gautam Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
The petitioner has come up with a prayer seeking a direction to respondent no. 3 to consider and decide her representation dated 08.02.2021 regarding provision of maintenance fund out of the post retiral benefits of respondent no. 5, who is petitioner's husband. He has been granted retirement under the V.R.S.
It is submitted that the V.R.S. would lead to stoppage of the petitioner's husband's salary and consequent defeat of the petitioner's regular maintenance, which she is entitled out of that salary, if the lump sum V.R.S. funds are entirely placed in the husband's hands. She submits that she is entitled to a share commensurate to the maintenance awarded to her in accordance with the settlement-agreement dated 24.02.2011 entered into before the Allahabad High Court Mediation and Conciliation Centre.
In the circumstances, let the respondent no. 3 consider the petitioner's representation dated 08.02.2021 and pass appropriate orders thereon safeguarding the wife's interest at the time when they defray the post retrial funds to the petitioner's husband, respondent no. 5, Atul Kumar Trivedi.
Considering the fact that this Court has not taken any decision on merits of the parties' claim, service of notice upon respondent no. 5 is dispensed with. However, in case respondent no. 5 feels aggrieved by the order made today, it will be open to him to make an application in this decided matter.
In the circumstances, this petition is disposed of directing the Accounts Controller (Pension Sanctioning Officer), Police Head Quarter, 9th floor, Tower-2, Gomti Nagar, Shiwaji Path, Lucknow to consider and decide the petitioner's representation dated 08.02.2021 within a period of one month of communication of a copy of this order in accordance with law, after hearing the petitioner and respondent no. 5 by a reasoned and speaking order.
Let this order be communicated to the Accounts Controller (Pension Sanctioning Officer), Police Head Quarter, 9th floor, Tower-2, Gomti Nagar, Shiwaji Path, Lucknow by the Joint Registrar (Compliance) by 17.05.2021.
Order Date :- 12.5.2021 Deepak