Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner is a dependent of one late Mata Prasad who was a public servant and retired from service while holding the post of Collection Peon on 31.3.1997. The deceased employee was himself a pensioner during all these years till he passed away on 8.10.2018 leaving behind the petitioner and five other legal heirs. Out of the legal heirs dependent upon late Mata Prasad, the petitioner claims to be a handicapped person with 100% disability. The petitioner, as per the new family pension scheme circulated by means of a government order dated 6.8.1981 has claimed the benefit of family pension consequent upon the death of his father Mata Prasad.
The matter as regards the grant of family pension is pending since about two years. It is informed that the grievance of the petitioner could not be redressed on account of non-traceability of service book.
In the circumstances of the case, the District Magistrate, Sitapur is hereby directed to consider the case of the petitioner for grant of family pension expeditiously and preferably within a period of three months from the date of production of a certified copy of this order alongwith the representation.
It is made clear that in the event of any further delay, it shall be at the risk of the authority concerned to compensate the petitioner suitably.
List this matter in the month of December, 2021 for further hearing.
An affidavit of compliance may also be filed in the meantime.
Order Date :- 23.9.2021 Fahim/-