Court No. - 34
Case :- WRIT - A No. - 12810 of 2018 Petitioner :- Tarun Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rahul Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard learned counsel for petitioner and perused the record.
2. Admittedly petitioner's father died on 21.05.2007 and mother had already died on 25.03.2005. There is nothing on record that petitioner was disabled on the date of death of his father or mother. At the time of death of his father, and thereafter, no family pension was found payable to petitioner and none was claimed.
3. Petitioner admittedly is married and has has two daughters out of wedlock. Now in 2016 he has submitted an application alongwith a disability certificate dated 30.09.2014 claiming family pension which has been declined by means of impugned order stating that since disability certificate is issued after almost 7 years from the date of death of petitioner's father, no family pension is payable.
4. When questioned, learned counsel for petitioner could not dispute that there is no evidence to show that petitioner was disabled on the date of death of his father and also could not dispute that there was no provision under which family pension can be claimed by petitioner after 7 years on the basis of a disability certificate issued in 2014.
5. In view thereof, no relief, as prayed for, can be granted.
6. Dismissed.
Order Date :- 28.5.2018 AK