Smt. Phekni Devi vs The Food Corp., Of India Thru M.D ...
2014 Latest Caselaw 9315 ALL

Citation : 2014 Latest Caselaw 9315 ALL
Judgement Date : 27 November, 2014

Allahabad High Court

Smt. Phekni Devi vs The Food Corp., Of India Thru M.D ... on 27 November, 2014

Bench: Manoj Kumar Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- SERVICE SINGLE No. - 6842 of 2014
 

 
Petitioner :- Smt. Phekni Devi
 
Respondent :- The Food Corp., Of India Thru M.D And Ors.
 
Counsel for Petitioner :- Sangeeta Jaiswal
 
Counsel for Respondent :- Vina Sinha
 

 
Hon'ble Manoj Kumar Gupta,J.

Heard learned counsel for the petitioner and Ms. Vina Sinha, learned counsel appearing on behalf of respondent nos. 1, 2 and 4. With their consent, this writ petition is being disposed of finally, without inviting counter affidavit.

The case of the petitioner is that her husband Late Suresh Ram was an employee of Food Corporation of India. He took voluntary retirement w.e.f. 16.3.2004 on account of illness. He later died on 23.5.2005. The petitioner has received the contributory provident fund but according to her, she is also entitled for family pension as her Late Husband had completed formalities in this regard by submitting Form-D under the provisions of Employees Pension Scheme, 1995. Since family pension is not being paid to her, she has approached this Court by way of instant writ petition for direction to the respondents to release family pension w.e.f. 23.5.2005.

The only submission made by learned counsel for the petitioner is that the representation made by the petitioner in this regard dated 21.10.2014, Annexure 3 to the writ petition, which is still pending before the respondent no.4, may be directed to be decided within a fixed time frame, to which learned counsel for respondents has no objection.

In view of the above, without going into the merits of the claim of the petitioner, this writ petition is disposed of with liberty to the petitioner to approach respondent no.4 alongwith certified copy of this order and photostat copy of representation dated 21.10.2014, Annexure 3 to the writ petition, and in which case, respondent no.4 shall examine the claim of the petitioner and decide the same in accordance with law, expeditiously, preferably within next three months.

(Manoj Kumar Gupta, J.)

Order Date :- 27.11.2014

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