Smt. Shashi Bala vs Vice Chancler Lucknow University ...
2022 Latest Caselaw 2322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 6575 of 2012
 

 
Petitioner :- Smt. Shashi Bala
 
Respondent :- Vice Chancler Lucknow University Lucknow And Another
 
Counsel for Petitioner :- H.C. Tripathi,Savitri Awasthi
 
Counsel for Respondent :- S.P. Shukla,Shobha Amarnath Tiwari
 

 
Hon'ble Rajan Roy,J.

Heard.

The petitioner herein claims to be the wife of late Madan Kumar Premi. She seeks payment of financial benefits including family pension to the petitioner.

Ms. Shobha Amarnath Tiwari, learned counsel for the University submits that name of the petitioner was never mentioned by late Madan Kumar Premi while in service and it is not recorded in the service book. There is no proof on record that the petitioner was ever married to late Madan Kumar Premi. In the service records, name of Smt. Seenu Premi D/o Late Madan Kumar Premi born out of his wedlock with Smt. Asha Devi is mentioned in the service records. In these circumstances, the University is unable to pay any dues to the petitioner.

In view of the above, as disputed questions of facts are involved, writ jurisdiction under Article 226 of the Constitution of India is not the proper remedy in the facts of the case as there is no proof of the fact that the petitioner is wife of late Madan Kumar Premi. There cannot be a declaration that she is the wife of late Madan Kumar Premi in writ jurisdiction under Article 226 of the Constitution of India. Inspite of repeated requests, learned counsel for the petitioner could not show any such document except for showing judgment and decree dated 26.04.1996 relating to divorce of late Madan Kumar Premi from Smt. Asha Devi but this cannot be a proof that the petitioner got married to late Madan Kumar Premi subsequently. The petitioner should initiate appropriate proceedings before the civil court having competent jurisdiction in the matter. If the petitioner has sufficient evidence in her possession, she can also approach the University concerned with the same which may consider and decide her application by a reasoned order failing which the only option would be to approach this Court.

The writ petition is dismissed only on this ground without prejudice to the rights of the petitioner in the matter, if any, which may be adjudicated before the competent court.

(Rajan Roy,J.)

Order Date :- 7.5.2022

Shanu/-