Smt. Vimla Devi vs State Of U.P. And 5 Others
2022 Latest Caselaw 9522 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 24291 of 2014
 

 
Petitioner :- Smt. Vimla Devi
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- S.K. Anwar
 
Counsel for Respondent :- C.S.C.,Satish Chaturvedi
 

 
Hon'ble Saurabh Shyam Shamshery,J.

The petitioner is a widow who is seeking extraordinary pension claiming her husband died during service and as such her claim falls under Clause-III of the U.P. Police (Extraordinary Pension) Rules, 1961 (for the sake of brevity hereinafter referred to as 'Rules, 1961').

Learned counsel for the petitioner submits that claim of petitioner was considered by the Accountant General and rejected by the impugned order dated 19.4.2010 without forwarding it in terms of the provisions prescribed in Clause-IX of Rules, 1961 and for that purpose counsel for the petitioner placed reliance upon a judgment passed by a Co-ordinate Bench of this Court, the relevant paragraph 13 is quoted hereinbelow:

"Thus, where a claim for extraordinary pension has been made, the same is to be forwarded to the State Government through usual channel with the full statement of circumstances in which the death occurred as well as the report of the Accountant General, U.P. as to whether the award is admissible under the Rules and if so, of what amount. The claim is to be made in the form prescribed under Schedule II. It is clear from sub-rule (2) of Rule 9 that the Accountant General, U.P. has to submit his report as regards the admissibility of the claim. However, he has not been conferred with the power to take a final decision in the matter. The same is in the province of the State Government."

Learned Standing submits that during consideration of claim of petitioner the finding is that petitioner was died in an accident and not during official duties, therefore, claim was rightly rejected by Accountant General.

Considering the above submissions, I find merit in the argument advanced by learned counsel for the petitioner that the appropriate authority, i.e., Accountant General should have forwarded the report to the Governor through proper channel for taking decision as held by a Co-ordinate Bench of this Court in the case of Smt. Nirmala Devi Vs. State of U.P. & Ors. reported in 2017(2) ADJ 123.

In view of the above, this writ petition is disposed of to the extent that the report of Account General shall be forwarded to the Governor through proper channel along with all the relevant papers as per prescribed in Clause-IX of U.P. Police (Extraordinary Pension) Rules, 1961.

It is made clear that this Court has not expressed any opinion on merit of the case.

Order Date :- 6.8.2022

CS/-