Zahida Begum vs State Of U.P. And Others
2014 Latest Caselaw 1742 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 35180 of 2006
 

 
Petitioner :- Zahida Begum
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- W.H. Khan,J.H. Khan
 
Counsel for Respondent :- C.S.C.,Ravi Ranjan
 

 
Hon'ble Attau Rahman Masoodi,J.

Heard Sri Gulraz Khan, learned counsel  holding brief for Sri J.H. Khan, learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.

There is no dispute to the fact that the husband of the petitioner late Sri Taslim Khan , Police Constable in G.R.P. died while on duty. The claim of the petitioner for extra-ordinary pension was wrongly intercepted by the Assistant Account Officer vide order dated 2.8.2002 on the ground  of ambiguity to whether the  petitioner's husband died while on duty or his death occurred otherwise. The position has been clarified by letter 10.11.1995 which  has clearly recommended extra-ordinary pension in favour of the petitioner on account of her husband' death having occurred  while on duty.

Iin paragraph no. 5 of the Counter affidavit, it is admitted that the death of the petitioner's husband occurred while on duty. In absence of any dispute regarding the fact of death having taken place during the course of duty, the claim of the petitioner cannot be denied.

In view of the aforesaid facts, the respondent no. 4 is directed to finalize the claim of the petitioner  for grant of extra -ordinary pension within a period of three months from the date a certified copy of this order is produced before him. The  impugned order dated 2.8.2002 is hereby set-aside. In  the event of failure to decide the matter within the stipulated period of time, the arrears shall be paid along with interest from the date when the payment fell due.

In the result, writ petition is allowed.

Order Date :- 14.5.2014

aks

( Attau Rahman Masoodi J.)