Court No. - 38
Case :- WRIT - A No. - 11064 of 2019 Petitioner :- Km. Neelam Srivastava Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for grant of family pension consequent upon death of her father, who was employed in the Irrigation Department of the State and had retired before his death on 16.12.2012 is engaging attention of the authority concerned. Grievance is that though the competent court has already appointed a guardian and petitioner is mentally retired, yet her claim for payment of family pension is not being considered.
Learned Standing Counsel points out that since there is no nomination in favour of petitioner as such her claim has not been considered.
The objection raised on behalf of the respondents is wholly misconceived. The existence of nomination in favour of petitioner is not a condition precedent for grant of family pension, if it is otherwise found that petitioner is daughter of deceased government servant and is entitled to family pension in view of the fact that she is mentally retired.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim for release of family pension and an appropriate order would be passed, in accordance with law, within a period of two months from the date of presentation of certified copy of this order. Petitioner's claim would not be discarded only for the reason that her late father had not nominated her in his pension papers, if it is otherwise found that she is the daughter of deceased government servant and her claim is otherwise covered under the applicable rules. All consequential action would be taken without any further loss of time.
Order Date :- 25.7.2019 Ashok Kr.