1. Heard learned counsel for petitioner and learned A.S.G. for the respondents.
2. Father of the petitioner, Sher Singh was working on the post of Driver who expired while in service on 05.05.2018 and thereafter his mother is also expired on 28.05.2018. Petitioner claims that he is entitled for family pension, for which he made representation/application. The said representation/application is rejected by respondent No.3 by its order dated 09.11.2020 on the ground that the date of birth of the petitioner is recorded as informed by his father to the department and noted in departmental record is 09.03.1979 while his date of birth as per his school record is 09.07.1983 and thus there is a serious discrepancy.
3. Learned counsel for petitioner states that there is no finding given by respondent No.3 that petitioner is not a son of late Sher Sing merely because there is a doubt would not be a ground for rejecting the claim of petitioner for family pension.
4. Learned A.S.G. states that there is a serious discrepancy and for the said reason at this stage pension has been stopped.
5. Having heard learned counsel for parties and perusing the record, I find that it is not appropriate for the authority to refuse grant of pension only because there is some doubt. A doubt can only be cleared by holding a proper enquiry. After giving an opportunity to the claimant/petitioner for producing evidence that he is son of the deceased employee, the authority is entitled to pass an appropriate order with regard to its satisfaction or dissatisfaction on the said issue. Therefore, respondent No.3, Director and Office Superintendent, Geological Survey of India, Lucknow is directed to hold a fresh detailed enquiry and pass fresh order after giving an opportunity to producing evidence and hearing to the petitioner.
6. In view thereof, petitioner is permitted to make a fresh detailed representation/application to respondent No.3, Director and Office Superintendent, Geological Survey of India, Lucknow, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of three weeks from today along with a certified copy of this order..
7. In case such a representation/application is moved by petitioner, respondent No.3 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him.
8. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
9. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 3.2.2021 Shubhankar (Vivek Chaudhary, J.)