Court No. - 6
Case :- WRIT - A No. - 23374 of 2018 Petitioner :- Meena Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Preet Pal Singh Rathore,Shravan Kumar Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Leave to correct the description of the fourth respondent is granted. Necessary amendments be carried out forthwith.
Heard Sri P.S. Rathore, learned counsel for the petitioner and the learned Standing counsel.
This petition has been preferred seeking issuance of a direction for payment of family pension to the petitioner. According to the petitioner she is a widow of the erstwhile government employee and is aged approximately 56 years. Her claim for family pension according to the learned Standing Counsel would undisputedly fall for consideration in light of the provisions made in the Government Order dated 3 December 2012. The said government order provides that for the purposes of grant of family pension, the expression "family" would include son/daughter including a widowed daughter till their marriage/premarriage or till attaining the age of 25 years, whichever be earlier. On the strength of this clause, learned Standing Counsel contends that since the petitioner has already attained the age of 56 years, she is not entitled to any family pension.
Sri Rathore, learned counsel for the petitioner however rests his case on the Government Order dated 1 July 2014 to submit that this clearly prescribes that family pension would also be liable to be paid to all surviving heirs of the deceased government employee who were dependent on him at the time of his/her death. According to the case set up in the petition, the petitioner was dependent on the deceased government employee at the time of his death. In the considered opinion of this Court, these and other rival issues which are raised would merit consideration by the fourth respondent.
Learned Standing Counsel states that the fourth respondent shall duly consider all these aspects and pass a reasoned and speaking order dealing with the claim of the petitioner within a period of one month from the date of presentation of a certified copy of this order along with a copy of the writ petition and its enclosures.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this writ petition shall stand disposed of in light of the statement so made by the learned Standing Counsel.
Order Date :- 31.10.2018 Arun K. Singh (Yashwant Varma, J.)