Court No. - 18
Case :- WRIT - A No. - 8665 of 2018 Petitioner :- Ram Beti Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajiv Kumar Singh Counsel for Respondent :- C.S.C.,Shravan Kumar Panday
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri R.K. Singh, learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondent no.1 and Shri Shravan Kumar Pandey, learned counsel appearing for respondent nos.2, 3 and 4. Notice need not be issued to the respondent no.5, in view of the order being passed herein.
Smt. Ram Beti, wife of late Balister Singh is before this Court with request to issue direction commanding the respondents to pay the family pension to her and arrears of family pension from the date of death of her husband (17.12.2012), who retired from the post of Headmaster of Primary School Ashu, Block Sahar, District Auraiya alongwith interest.
Record in question reflects that the marriage of the petitioner was solemnized with Balister Singh, son of late Khushi Lal, resident of Village Kathula Purva, Tehsil Bidhuna, Police Station Sayal, District Auraiya in the year 1964 and out of their wedlock, three daughters namely Suman Devi, Anita Devi and Pinki Devi were born and after their marriages, they are settled in their life. It has been averred in the writ petition that the husband of the petitioner had also married to one Smt. Ram Keshni, who has been arrayed as respondent no.5, and out of their wedlock, one male child has also been born. There were serious disputes between the petitioner and her late husband in his life time. In the year 1994, the petitioner had also moved an application under Section 125 Cr.P.C. for maintenance. The said case was registered as Case No.117/1994 (Ram Beti vs. Balister Singh) and the same was decided by learned Court below on 26.2.1997 with direction to her husband to make monthly payment of Rs.500/- as maintenance from 29.10.1985. Thereafter, the husband of the petitioner had also filed a Divorce Petition under Section 13 of Hindu Marriage Act in which an ex-parte decree was passed. When the petitioner came to know about the ex-parte decree, she moved an application under Order IX Rule 13 of C.P.C. for setting aside the ex-parte decree. The said application had been allowed by the IXth Additional District Judge, Etawah on 7.7.2010. Meanwhile, the husband of the petitioner died on 17.12.2012.
Learned counsel for the petitioner submits that after the death of her husband, the petitioner moved an application on 5.1.2013 before the District Basic Education Officer, Auraiya for payment of family pension and other benefits. Initially, the department concerned had proceeded to accord pensionary benefit in favour of Ram Keshani, who is second wife of late Balister Singh, but on the complaint of the petitioner dated 29.5.2014, eventually, the same has been stayed in pursuance of the order of the District Basic Education Officer, Auraiya dated 4.6.2014. Thereafter, the petitioner filed a declaratory suit No.188 of 2014 (Ram Beti vs. Ram Keshni) under Section 11 of the Hindu Marriage Act before the Court of Principal Judge, Family Court, Auraiya. Finally, the Court below has decreed the aforesaid declaratory suit on 12.2.2018. In this backdrop, he states that there is no impediment in releasing the family pension and other benefits in favour of the petitioner.
In the aforesaid facts and circumstances, the Court is of the considered opinion that the claim set up by the petitioner is liable to be considered by the District Basic Education Officer, Auraiya.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the District Basic Education Officer, Auraiya to look into the grievance of the petitioner and redress the same, taking into consideration the entire aforesaid facts and circumstances and after according opportunity of hearing to the respondent no.5, who is the second wife, in accordance with law within a period of three months from the date of production of a certified copy of this order before him.
Order Date :- 27.3.2018 RKP