Indu Upadhyay vs State Of U.P. And 3 Others
2022 Latest Caselaw 15923 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 9090 of 2022
 

 
Petitioner :- Indu Upadhyay
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rakesh Pathak,Amarnath Tripathi,Manoj Kumar
 
Counsel for Respondent :- C.S.C.,Ranjeet Kumar Yadav
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the parties.

Present petition has been filed claiming that the petitioner, being the mother of her deceased son namely Shikhar Upadhyay, was nominee in the service records of her son. She claims that the petitioner being the nominee is entitled to receive all the benefits that flow on account of death of her son as flow from the service rules.

On the other hand, respondent no.4 - the wife of the deceased - claims that she being the Class - I legal heir is entitled to all the benefits.

Learned counsel for the petitioner placed before this Court a judgment of the Hon'ble Supreme Court in the case of Shipra Sengupta v. Mridul Sengupta and Ors.; Civil Appeal No.809 of 2002 decided on 20.8.2009 wherein the Hon'ble Supreme Court has affirmed the settled law that nominee has a right to receive the amount for the benefit of the persons who are legally entitled for the said amount.

After some argument, learned counsel for the petitioner and learned counsel for respondent no.4 state that they want an amicable solution and they both agree that if half the benefits are given to the petitioner and the other half is given to respondent no.4, their dispute shall come to an end. This proposal has been forwarded to maintain peace in the family and to give the quietus to the litigation.

In view of the settlement in between the parties, the present petition is disposed off directing that the benefits that have accrued on account of death of Shri Shikhar Upadhyay shall be given in equal amounts to the petitioner and the respondent no.4 by the authority concerned.

Both the said parties shall file an affidavit before respondent no.2 to the effect that they both have amicably resolved the dispute and have arrived at a settlement wherein half of the benefit shall go to the petitioner and the other half shall go to the respondent no.4.

It is further clarified that the other benefits (like claim for compassionate appointment etc.) that may flow on account of death of the son of the petitioner and the husband of the respondent no.4 shall go exclusively to respondent no.4.

Order Date :- 3.11.2022

Nishant