Court No. - 19
Case :- WRIT - A No. - 6795 of 2019 Petitioner :- Smt. Renu Verma Respondent :- State Of U.P. And Another Counsel for Petitioner :- M.A. Haseen Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Sri M.A.Haseen, learned counsel for the petitioner submits that the petitioner, who is a widowed lady, has no means or livelihood to fall back upon. and this hapless lady has to take care of her two minor children also.
To recapitulate, the facts are that the petitioner was married to one Jitendra Kumar ,who died on 21.9.2012. After the death of husband, it was her father in law, who was the only earning member of the family and he took good care of her and her minor children. The learned counsel further submits that unfortunately for her, the father in law who was working as Head clerk in Gopiram Paliwal Inter College Aligarh and had retired from service, also died on 16.6.2014. After his death, the petitioner approached the concerned authority with the prayer that the family pension of late Onkar Prasad (father-in-law) may be granted to her. She also represented the matter to Chief Minister of the State.
The learned counsel further submits that by way of amendment in Dying-in-harness Rules 1974, the widowed daughter in law has also been included in the definition of family and on the strength of this amendment, the counsel submits that the petitioner being widowed daughter-in law is also entitled for family pension.
The representation made to Chief Minister was forwarded to District Collector Aligarh, who sought response from the District Inspector of Schools Aligarh. The Distt Inspector of Schools, Aligarh, by letter dated 13.5.2016 intimated the District Collector that the petitioner cannot be granted compassionate appointment. The learned counsel submits that the prayer made before the authority was to grant the family pension and not the compassionate appointment and relevant prayer has not been considered by the District Inspector of Schools Aligarh. Thereafter, the petitioner also submitted further representations before the District Colelctor on 15.7.2017 and 10.12.2018. However, the same have not been acted upon.
Without delving into the merits of this case, the petition is disposed of with the direction that in case the petitioner moves a fresh representation before the District Collector ventilating her grievances within four weeks from today alongwith a certified copy of this order and copy of the petition, the aforesaid authority shall decide the said representation in accordance with law within a period of six weeks thereafter.
Order Date :- 30.4.2019 MH