Court No. - 10
Case :- WRIT - A No. - 15230 of 2020 Petitioner :- Nikhat Niyaz Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M. Sirajul Haq Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 3.
The petitioner has preferred the present writ petition with the following prayers:
(a) To issue writ, order or direction in the nature of mandamus directing the respondents to pay family pension to the petitioner with 18% compound interest w.e.f. 29.3.2011 when her mother died who was getting family pension after the death of her husband late Niyaz Ahmad.
It is argued by learned counsel for the petitioner that the father of late Niyaz Ahmad was doing service as Lecturer in B.Ed. Department in National Shibli College Azamgarh. He died during the course of his employment on 30.03.2000. It is further stated that after the death of Late Niyaz Ahamd, his widow namely Afsari Begum was getting family pension regularly without any break. She died on 29.03.2011 leaving behind her three daughters. Two daughters were married but the petitioner is still unmarried. For getting family pension, she made various representations before the respondent No.3/Chief Finance and Accounts Officer (Higher Education) Pension Department (Anubhag) Directorate, U.P. Prayagraj.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally permitting the petitioner to submit fresh representation ventilating all her grievances along with self attested computer generated copy of this order downloaded from the official website of High Court Allahabad before respondent No.3/Chief Finance and Accounts Officer (Higher Education) Pension Department (Anubhag) Directorate, U.P. Prayagraj within a period of three weeks from today. If such a representation is filed within stipulated period as mentioned above, the respondent No.3 shall pass appropriate orders on the same in accordance with law expeditiously and preferably within a period of two months from the date of submission of representation before him.
Order Date :- 13.1.2021 saqlain