Court No. - 6
Case :- WRIT - A No. - 15334 of 2019 Petitioner :- Smt. Shanti Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rama Shanker Mishra Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
This petition with the consent of parties is taken up for final disposal.
The petitioner is stated to be the widow of one Panna Lal Singh who was employed with the respondents. Panna Lal Singh is stated to have been originally married to one Draupdi Devi who passed away on 16 May 2004. The petitioner claims to have married the erstwhile employee thereafter. Panna Lal Singh himself passed away on 25 May 2010. It is in that backdrop that the petitioner had claimed family pension from the respondents. It is that claim which has been rejected in terms of the order or 03 April 2012. The delay and laches has been sufficiently explained in the writ petition. The Court notes that the sole ground on which the claim of the petitioner for grant of family pension has come to be rejected is that her name has not been mentioned in the Pension Book. The Court however notes that the Civil Judge Allahabad has granted a Succession Certificate in favour of the petitioner. That aspect does not appear to have been taken into consideration by the respondents.
In view of the above learned Standing Counsel submitted that the ends of justice would merit the matter being remitted to the third respondent for consideration afresh and that all contentions on merits of respective parties be left open.
Accordingly and with the consent of parties, this writ petition is allowed. The impugned order dated 03 April 2012 is hereby quashed. The matter shall stand remitted to the third respondent for consideration afresh. It shall be open to the petitioner to place for the consideration of the third respondent the Succession Certificate granted and such other material as may be deemed fit in support of her claim for grant of family pension.
Order Date :- 27.9.2019 faraz