Court No. - 35
Case :- WRIT - A No. - 18276 of 2021 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Shukla,Ram Prakash Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the parties.
The petitioner has preferred the present writ petition with the following prayers:-
"(a) a writ, order or direction in the nature of mandamus commanding the respondent authorities to grant family pension to the petitioner as provided in Government Order dated 27.10.2016 at the earliest."
Facts in brief as contained in the writ petition are that the wife of the petitioner namely Smt. Swati Mishra is suffering from muscular dystrophy of both limb and has permanent physical disability of 56%. She has also issued concession certificate by the Government Hospital Mathura.
It is argued by learned counsel for the petitioner that in terms of the Government Order dated 16.01.2013, the petition is entitled for family pension. It is argued by learned counsel for the petitioner that since the family pension was not paid, the petitioner submitted a representation dated 26.10.2020 in terms of the Government Order dated 27.10.2016. It is argued that when no action was taken on the aforesaid representation, the petitioner submitted another representation dated 25.11.2021 in the shape of reminder but till date no final decision has been taken on the same.
Learned Standing Counsel place the instructions received from the respondents before the Court, the same is taken on record. It is stated in the instructions that the representation dated 25.11.2021 has been duly received in the office of respondent no.2.
From perusal of the same, it reveals that nothing has been stated in the entire instructions that under what circumstances, no decision has been taken on the same.
At this stage, learned Standing Counsel argued that respondent no.2 will decide the claim set up by the petitioner sympathetically.
Heard learned counsel for the parties and with the consent of learned counsel for the parties, this petition is disposed of directing the respondent no.2 to pass appropriate orders on the representation after taking into consideration the Government Order dated 27.10.2016 sympathetically in view of the fact that the petitioner is 40% handicapped from the date of production of certified copy of this order.
Order Date :- 17.12.2021 saqlain