Smt. Arti vs State Of U.P Thru. Its Prin Secy ...
2023 Latest Caselaw 16183 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023: AHC-LKO:35556
 
Court No. - 17
 

 
Case :- WRIT - A No. - 3773 of 2023
 

 
Petitioner :- Smt. Arti
 
Respondent :- State Of U.P Thru. Its Prin Secy Nagar Vikas Lko. And 2 Others
 
Counsel for Petitioner :- Arvind Kumar Vishwakarma
 
Counsel for Respondent :- C.S.C., Namit Sharma
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard Shri Arvind Kumar Vishwakarma, learned Counsel for the petitioner and learned Additional C.S.C. for the State.

2. The present writ petition has been preferred by the petitioner directing the opposite parties to pay the arrears of family pension, amount of gratuity and other benefits including 12% interest per annum.

3. Learned Counsel for the petitioner has submitted that the husband of the petitioner was engaged as daily wager on Class-IV post of Sweeper on 13.08.1988, subsequently the services of the husband of the petitioner was regularized vide order dated 19.06.2007. The husband of the petitioner expired during his service tenure on 21.05.2014. After the demise of her husband, the petitioner made a representation for payment of family pension along with arrears of family pension and regular monthly family pension along with payment of gratuity and other benefits including 12% interest per annum till the actual payment is made due to delayed payment.

4. It is further submitted that vide Government Order dated 10.09.2021, the family pension has been made admissible to the employees of the local bodies and as per the judgment of Hon'ble the Supreme Court in the case of Net Ram Sahu Vs. State of Chhatisgarh reported in 2018 SCC 430 wherein the period of daily wage services has also been counted for the purposes of determination of payment of gratuity. In this regard, lastly the representation was made by the petitioner on 06.05.2023.

5. After arguing at some length, learned Counsel for the petitioner has confined his prayer to the extent that the opposite party no. 2 i.e. The Nagar Ayukt (Municipal Commissioner), Nagar Nigam, Lucknow, may be directed to consider and decide the representation of the petitioner dated 06.05.2023 keeping in mind the Government Order dated 10.09.2021 and the judgment of Hon'ble the Supreme Court in the case of Net Ram Sahu(supra).

6. Shri S. P. Singh, learned counsel has filed his Vakalatnama on behalf of the opposite parties no. 2 and 3 which is taken on record and has no objection to the prayer made by learned Counsel for the petitioner for deciding the representation of the petitioner.

7. Considering the submissions of learned Counsel for the parties, going through the records and without entering into the merits of the case, the respondent no. 2 is directed to decide the representation of the petitioner by passing a reasoned and speaking order considering the Government order dated 10.09.2021 and the judgment of Hon'ble the Supreme Court in the case of Net Ram Sahi (Supra) within a period of three months from the date of production of certified copy of this order.

8. With the aforesaid observations/directions, the writ petition is disposed off.

Order Date :- 22.5.2023

VNP/-