Court No. - 6
Case :- WRIT - A No. - 2880 of 2019 Petitioner :- Radheyshyam Pathak Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Chand Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred by the father of the deceased government employee impugning the orders dated 17/18 May 2018 and 04 July 2018 for the grant of what learned counsel for the petitioner describes as maintenance. However from the relief as framed it is evident that what is essentially sought is 30% of the family pension. This claim is raised in light of the Government Order appended at annexure-4.
As is evident from the said Government Order, the parents of a deceased government servant obtain a right to receive family pension provided no other heir of the deceased government employee is otherwise available for release of such benefits. The fifth respondent undisputedly is the wife who has survived the government servant and she is in receipt of pensionary and other benefits. Learned counsel has been unable to establish any right inhering in the petitioner to obtain reliefs as claimed. The further submissions addressed with reference to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are not being considered by this Court in these proceedings since it is always open to the petitioner to institute appropriate proceedings if so chosen and advised and is otherwise maintainable in law under the provision of the said enactment.
Subject to the aforesaid observations, this petition is dismissed. Order Date :- 22.2.2019/faraz