Rejoinder affidavit is taken on record.
The petitioner is a widow. Her husband was a Class-III employee in the Jal Nigam, Allahabad. He retired in the year 2009. The grievance of the petitioner is that the retiral benefit of her husband has been withheld illegally by the respondents without any justifiable reason.
A counter affidavit has been filed. The stand taken in the counter affidavit is that the petitioner, the widow is occupying the official accommodation and unless she vacated, the family pension and other retiral benefit would not be paid. Learned counsel for the respondent has failed to point out any provision under the law to withhold the family pension on the aforesaid ground.
Learned counsel for the petitioner states that the petitioner does not have any other accommodation and as soon as the retiral benefit of her husband is released, she will vacate the accommodation within two months.
Having regard to the peculiar facts of this case, an interim mandamus is issued to the respondent no. 3 to release the family pension of the petitioner within three weeks from the date of communication of this order or show cause.
Put up this case in the additional cause list on 06.10.2016.
Order Date :- 20.9.2016 AU