Court No. - 36
Case :- WRIT - A No. - 537 of 2021 Petitioner :- Smt. Sushila Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- C.S.C.,Bhupendra Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri B.K. Yadav has accepted notice for respondent nos.2 and 3.
Present writ petition has been preferred for a direction to second respondent to decide the representation of the petitioner dated 23.9.2020 within stipulated period and for a direction to second respondent to consider the claim of the petitioner for pension and other service benefits of her late husband.
It has been averred that the husband of the petitioner working on the post of Assistant Teacher died-in-harness on 14.1.2015 but till date service benefits of her late husband has not been disbursed to the petitioner.
On the matter being taken up on 28.1.2021, the Court has proceeded to pass the following order:-
"Sri Ashish Goyal, learned counsel for the petitioner contends that the petitioner is a widow who is made to run from pillar to post for her lawful entitlements.
Sri Bhupendra Kumar Yadav, learned counsel for the respondent Nos.2 and 3 shall obtain instructions in the matter as to why service benefits of the husband of the petitioner are not being disbursed to her, though the husband of the petitioner died on 14.01.2015.
Put up this matter on 09.02.2021 in the list of fresh cases.
In case appropriate instructions are not forthcoming, the respondent No.3-Basic Shiksha Adhikari, District-Firozabad shall be present along with the records of the case to assist the Court."
Thereafter, the matter was taken up on 9.2.2021 and the Court has proceeded to pass the following order:-
"Sri Bhupendra Kumar Yadav, learned counsel has put in appearance on behalf of the District Basic Education Officer, Firozabad.
Sri Arvind Kumar Pathak, District Basic Education Officer, Firozabad is present along with the records.
The officer need not be present on all future dates unless required by the Court.
The application submitted by the person claiming to be the other wife of the deceased employee for grant of pension shall be provided to the learned counsel for the petitioner.
The petitioner has instituted a suit seeking the same relief according to the instructions of learned counsel for the District Basic Education Officer. A copy of the plaint instituting the suit shall also be provided to learned counsel for the petitioner.
Learned counsel for the petitioner shall obtain instructions as to whether the petitioner has filed a suit seeking the same of cause of action in District Court, Firozabad.
Put up on 26.02.2021 in the list of fresh cases."
From bare perusal of the aforesaid orders, this much is reflected that the claim of the petitioner is also pending consideration before the Civil Court. The Court finds that the right of the petitioner would definitely flow on the basis of the outcome of the suit proceeding. Disputed questions of facts have been raised before this Court to be adjudicated under Art.226 of the Constitution of India, which in the opinion of the Court is to be adjudicated by the competent civil court. The rights of the petitioner would be crystallised on the basis of outcome of the said suit proceedings. In the facts and circumstances of the case, the Court is not inclined to proceed further in the matter.
The writ petition stands disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 SP/