Pradeep Nath Shukla vs District Basic Shiksha Adhikari ...
2021 Latest Caselaw 7064 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 6639 of 2021
 

 
Petitioner :- Pradeep Nath Shukla
 
Respondent :- District Basic Shiksha Adhikari And 4 Others
 
Counsel for Petitioner :- Mithilesh Kumar Tiwari
 
Counsel for Respondent :- C.S.C.,Arun Kumar
 

 
Hon'ble Vivek Chaudhary,J.

This case is taken up through Video conferencing.

Heard learned counsel for petitioner and the learned standing counsel.

By the present writ petition, the petitioner has approached this Court for the following primary relief:-

"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to pass order in respect of the payment of family pension to the petitioner after the death of his wife Smt. Bharti Shukla, Assistant Teacher, Junior High School, Manjhariya, Bistaul Block Khorabar, District Gorakhpur on 23.05.2020 during her service in view of the judgment of Hon'ble Apex Court passed in the case of Smt. Violet Issac & Others. Vs. Union of India & others. 1991 SCC (1) 725 and Neetu Vs. Sheela Rani & others passed in Civil Appeal No.9823 of 2016, within stipulated period."

Learned counsel for petitioner submits that the grievance of the petitioner would be sufficiently met in case his representation is decided by the respondent No.1, District Basic Shiksha Adhikari, District Gorakhpur, in a time bound manner to which, learned counsel for opposite parties has no objection.

In view of aforesaid, the petitioner is permitted to move a fresh representation to the respondent No.1 within a period of two weeks from today, annexing therewith a certified copy of this order as well as all other documents to support his case. In case such a representation is moved, the respondent No.1 shall decide the same by a reasoned and speaking order in accordance with law within a period of six weeks from the date a certified copy of this order is placed before him. it is made clear that this Court has not gone into the merit of the case and all the questions are left to be decided by the respondent No.1 in accordance with law.

The writ petition is disposed of.

Order Date :- 5.7.2021

Rajneesh JR-PS)

(VivekChaudhary, J.)