Allahabad High Court
Smt. Viddyawati vs State Of U.P. Thru. Prin. Secy. ... on 24 March, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - A No. - 6705 of 2022
Petitioner :- Smt. Viddyawati
Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation And Water Resources Deptt., Lko. And 2 Others
Counsel for Petitioner :- Rakesh Kumar Srivastava,Smt. Seema Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. Heard Sri Rakesh Kumar Srivastava, learned counsel appearing for the petitioner and Sri R.P.S. Chauhan, learned counsel appearing for the State-opposite parties.
2. Present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.08.2022 passed by the opposite party no.3 as contained in Annexure No.1 to the writ petition.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to grant family pension including its arrears alongwith interest @ 18% per annum to the petitioner which became due to her in lieu of the services rendered by her deceased husband in accordance with law, within a shortest possible time stipulated by this Hon'ble Court.
(iii).....
(iv)....."
3. Husband of the petitioner, Lt Sant Ram was working as Beldar in work charge establishment in office of Executive Engineer, Saryu Nahar, Khand 8, Bahraich. It was said that he was initially appointed on 08.08.1977. It is claimed in the writ petition that late husband of the petitioner got regularized vide order dated 29.08.1998 passed by Chief Engineer, Saryu Pariyojana-I, Irrigation Department, U.P., Faizabad. After regularizing the services of the husband of the petitioner, he was directed to be posted under Executive Engineer, Saryu Drainage, Khand-II, Balrampur. The petitioner's husband was granted one month's time to join services in the Saryu Drainage, Khand-II, Balrampur, however, the petitioner was not relieved from the office of Executive Engineer, Saryu Nahar, Khand 8, Bahraich, therefore, he could not join within a period of one month. Husband of the petitioner allegedly went to join services on 12.11.1998 after he was released from the office of Executive Engineer, Saryu Nahar, Khand 8, Bahraich on 09.11.1998, however, he was not allowed to join inasmuch as he did not join within a period of one month from the date of issuance of order regularizing and posting him in the office of Executive Engineer, Saryu Drainage, Khand-II, Balrampur. Thereafter, in less than 2 months husband of the petitioner died on 31.01.1999.
4. Eldest son of the petitioner, Amit Kumar has been given appointment on compassionate ground under The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 in compliance of the judgment and order dated 04.12.2018 passed by this Court in Writ Petition No.2822(SS) of 2005. Now, the petitioner who is wife of Late Santram has filed this writ petition after 23 years from the date of death of her husband seeking family pension. This petition even otherwise after 23 years is liable to be dismissed on the ground of gross delay and laches. On merit also there is nothing on record to suggest that husband of the petitioner had ever worked after he got regularized vide order dated 29.08.1998.
5. Learned counsel appearing for the petitioner has placed reliance on the judgment of the Supreme Court in the case of Prem Singh vs State of U.P. (2019) 10 SCC 516 to suggest that on the date of death of the husband of the petitioner, services of the husband of the petitioner became pensionable inasmuch as he had rendered more than 10 years employment on work charge basis. This judgment has come in the year 2019, and it will not relate back to a person, who died in 1999, therefore, I find no substance in the present petition which has been filed after 23 years of the death of the husband of the petitioner and judgment in the case of Prem Singh (supra) will have no application in the case of the petitioner.
6. Present petition, being without merit and substance, is hereby dismissed.
(Dinesh Kumar Singh, J.)
Order Date :- 24.3.2023
prateek
