Court No. - 6
Case :- WRIT - A No. - 2820 of 2017 Petitioner :- Km. Nigar Sultana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ikram Ahmad Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel representing the State respondent as well as Sri Satish Chaturvedi, learned counsel appearing for the fourth respondent.
Although the respondent No. 4 has filed an affidavit in these proceedings, no counter affidavit has been filed by the respondent Nos. 1,2 and 3.
The sole issue which is raised in this petition is with respect to the eligibility of the petitioner for the grant of family pension. The father of the petitioner was a Constable, who retired from service under the respondents. It is asserted that although the mother was in receipt of family pension after her death the same had been discontinued and no pension is being paid to the petitioner even though she is entitled in terms of the Government Order dated 3 December 2012.
Bearing the aforesaid facts in mind, this Court is of the considered view that the ends of justice would merit the second respondent being commanded to duly evaluate the claim of the petitioner for the grant of family pension and to pass appropriate orders in respect thereof with expedition.
Accordingly without going into the merits or otherwise of the claim of the petitioner, this petition shall stand disposed of with the following directions.
The petitioner shall approach the second respondent within two weeks from today by filing a detailed representation appending thereto all requisite records which may establish sanction and grant of pension in favour of her father as well as disbursal of pension in favour of her mother. The second respondent, if the claim is found to be justified and valid, will also apprise the petitioner of any further formalities that may be required to be completed by her in order to receive family pension. In any view of the matter, the second respondent shall duly evaluate her claim and pass appropriate orders within a period of two months from the date of presentation of the aforementioned representation.
Order Date :- 31.10.2018 LA/-