Allahabad High Court
Smt. Kasturi Devi vs State Of U.P. And 3 Others on 7 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 19646 of 2019
Petitioner :- Smt. Kasturi Devi
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Manoj Kumar Shukla
Counsel for Respondent :- C.S.C.,Satish Chandra Yadav
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's husband was a Class-IV employee in Junior High School, Werani, Tehsil Chadausi, District Moradabad, managed by Basic Education Board, U.P. He died on 16.03.1984. Compassionate appointment has been granted to petitioner's son. A claim for family pension has also been raised before the authority concerned relying upon a Government Order dated 24.02.1989. This Government Order makes the provisions of pension applicable upon the employees of different educational institution run by Basic Education Board, U.P. It appears that such claim has been forwarded to the competent authority but final decision has not been taken. Certificate of the competent authority has also been annexed as Annexure no.1 to the writ petition, according to which petitioner's husband worked from 06.02.1970 to 16.03.1984, which is more than minimum 7 years working required in the Government Order. Petitioner, who is the widow of the deceased employee has filed the present writ petition for issuance of writ of mandamus commanding the respondent to grant family pension to petitioner w.e.f. 01.01.1989 as per the Government Order dated 24.02.1989.
A counter affidavit has been filed on behalf of respondent no. 3 in which the only ground taken is that petitioner's husband since had died prior to issuance of Government Order dated 24.02.1989, therefore, the provision of pension introduced vide such Government Order would not be applicable upon the petitioner. Despite repeated opportunities none of the other respondents have filed their counter affidavit. Stop order has already been passed in the matter on 08.01.2020. This Court, therefore has proceeded to take up the matter for final disposal, at the admission stage itself, on the basis of materials on record.
The Government order dated 24.02.1989 provides for grant of pensionary benefit to the employees of Junior and Secondary High Schools as well as Junior and Primary Institutions run by U.P. Basic Shiksha Parishad at par with the Government employees. The actual benefit under this Government Order was to be paid from 01.01.1989. There is no stipulation in the Government Order that the scheme for pension would be prospective and would be applicable only in cases of death caused after 01.01.1989. Such a stipulation is neither culled out from the Government Order nor it appears to be the intent and the contrary stand taken in the counter affidavit to resist petitioner's claim cannot be sustained. Question as to whether family pension payable in cases of death caused prior to the year 1989 has already been considered by this Court in the case of Smt. Akhtari Begum Vs. Director of Education, being Writ Petition No.23609 of 1995 decided on 25.09.1997, which has since been followed in Writ Petition No. 34835 of 1995 and in the case of Shanti Devi Vs. State of Uttar Pradesh, 2001 (2) UPLBEC 1393.
In view of the clear enunciation of law in the above judgments and also in view of the specific provisions of the Government Order dated 24.02.1989 this Court finds that denial of family pension to the petitioner for the reason disclosed in the counter affidavit is apparently arbitrary. Writ of mandamus is, therefore, issued to the respondents to forthwith consider petitioner's claim for grant of family pension in light of the above observation, within a period of three months from the date of presentation of a copy of this order before respondent no.3. Such pension, however, shall be payable only w.e.f. 01.01.1989 when the scheme itself has come into effect. The arrears of amount found due and payable shall be released within a further period of four months thereafter. The respondents shall ensure commencement of family pension to petitioner immediately after expiry of three months from the date of presentation of a copy of this order.
Writ petition is, accordingly, allowed.
The concerned authority/official shall verify the authenticity of computerized copy of this order from the official website of High Court, Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 7.7.2021
Abhishek Singh
