Smt. Tripura Devi And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 10247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - A No. - 4763 of 2021
 
Petitioner :- Smt. Tripura Devi and another
 
Respondent :- State of U.P. and 3 others
 
Counsel for Petitioner :- Harsh Dwivedi,Alok Mishra
 
Counsel for Respondent :- C.S.C.,Ved Byas Mishra
 

 
Hon'ble Mahesh Chandra Tripathi,J.

(Civil Misc. Modification Application No.2/2021 filed on behalf of Smt. Tripura Devi & another)

Heard Sri Alok Mishra, learned counsel for the petitioners-applicants and learned Standing Counsel for the State respondents.

This application has been filed for modifying the judgement and order dated 09.7.2021 passed by this Court, whereby the writ petition was allowed in terms of the judgement and order dated 03.2.2021 passed in Writ A No.12482 of 2020 (Smt. Kunti Devi vs. State of UP and ors).

Learned counsel for the petitioners-applicants submits that the husbands of the petitioners were working as Senior Assistant in Sampurnanand Sanskrit University, Varansi, which is recognized University under the University Grants Commission Act, 1956 and U.P. State Universities Act, 1973. Unfortunately, they died on 24.04.2000 and 06.06.1988 respectively during the service period. Once the petitioners were not accorded family pension and GPF then they had moved representation before the State Government. By the impugned orders dated 18.09.2014 and 05.05.2015 the claim of the petitioners has been rejected. The petitioners have filed the present writ petition challenging the impugned orders dated 18.09.2014 and 05.05.2015 and for direction to the respondent authorities to grant family pension and GPF in pursuance of the Government order dated 29.8.1995. Finally, the writ petition was allowed by this Court on 09.07.2021 in terms of the judgment in Smt. Kunti Devi's case (supra).

It is submitted that the present matter relates to the Higher Education Department, whereas the Writ Petition No.12482 of 2020 filed by Smt. Kunti Devi pertains to the Basic Education Department in which the husband of Smt. Kunti Devi was working as Assistant Teacher in the Primary School run and managed by Basic Education Board. She had filed the Writ Petition No.12482 of 2020 seeking a writ of mandamus to the District Basic Education Officer, Kanpur Nagar for payment of the Death-cum-Gratuity. It is submitted that the case of Smt. Kunti Devi (supra) had no application in the facts and circumstances of the present case. The request has been made to modify or recall its order dated 09.7.2021.

Learned Standing Counsel has not disputed the aforesaid factual aspect of the matter.

In the facts and circumstances, the modification application is allowed and the judgement and order dated 09.07.2021 is recalled.

The office is directed to restore the writ petition to its original number and list the same before appropriate Court.

Order Date :- 7.4.2023

RKP