Court No. - 39
Case :- WRIT - A No. - 13192 of 2019 Petitioner :- Km. Gaura Vandana Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dr. Neel Kamal Sharma Counsel for Respondent :- C.S.C.,Shivam Yadav Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1 and 2 and Sri Shivam Yadav, learned counsel for respondent nos. 3 to 6.
Learned counsel for the petitioner submits that mother of petitioner was working as Head Mistress at Primary School, Kaseru Buxar Block Rajpura, Meerut and retired from service on 31.06.2001. After retirement, she has obtaining pension up to her death i.e. 28.05.2018. Petitioner is unmarried daughter of deceased Kadambari Devi and neither engaged in any government service nor receiving any pension, therefore, she is fully entitled for family pension after death of her mother. For redressal of her grievance, she has moved representation dated 24.05.2019 before respondent no. 4, but till date, the same has not been decided. Lastly, he submits that a suitable direction may be issued to respondent no. 4 to consider the representation of the petitioner and decide the same and grant family pension.
Sri Shivam Yadav, learned counsel for respondent nos. 3 to 6 submits that representation of the petitioner shall be considered and decided in accordance with law at the earliest.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 4 to consider the representation of the petitioner dated 24.05.2019 and decide the same strictly in accordance with law maximum within a period of six weeks from the date of production of certified copy of the order. Petitioner is directed to annex the photocopy of the representation dated 24.05.2019 along with certified copy of the order.
It is made clear that Court has not adjudicated the case on merits and is upon the respondent no. 4 to decide the application of the petitioner after considering the relevant Rule as well as Government Orders occupying the field.
Order Date :- 22.8.2019 Arvind