Asha Devi vs State Of U.P Thru. Prin. Secy. ...
2023 Latest Caselaw 19946 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:50120
 
Court No. - 3
 

 
Case :- WRIT - A No. - 5474 of 2023
 
Petitioner :- Asha Devi
 
Respondent :- State Of U.P Thru. Prin. Secy. Deptt. Minority Welfare Lko. And 2 Others
 
Counsel for Petitioner :- Mohd. Ateeq Khan
 
Counsel for Respondent :- C.S.C.,Mohd. Islam Khan
 

 
Hon'ble Vivek Chaudhary,J.

1. Heard Mohd. Ateeq Khan, learned counsel for the petitioner, learned Standing Counsel for opposite party no.1 and Sri Mohd. Islam Khan, learned Advocate for opposite party nos.2 and 3.

2. By means of this petition, petitioner has prayed for following relief:

"i. to Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay pension and other post retiral dues such as gratuity and commutation etc. to the petitioner forthwith along with interest from the date of death of the husband of the petitioner as admissible to State Government employees and in U.P. Minority Commission, Lucknow."

3. The husband of petitioner while working as a Class-IV employee expired on 24.9.2020 and till date, pension and other post demise dues are not paid to the petitioner.

4. Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.

5. Learned Standing Counsel and learned counsel for the Commission have no objection to the same.

6. In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.2-Secretary, U.P. Minority Commission, Indira Bhawan, Lucknow, raising all her grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of her claim within a period of two weeks from today along with a certified copy of this order.

7. In case such a representation is moved by petitioner, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date, a certified copy of this order along with representation is placed before him.

8. While considering the claim of petitioner, the respondents will also consider the judgment of this Court in the case of Ram Bilas vs. State of U.P. and others: Writ A No.6832 of 2012 decided on 05.5.2023.

9. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

10. With the above observations, writ petition is disposed of.

[Vivek Chaudhary,J.]

Order Date :- 31.7.2023

Sachin