Allahabad High Court
State Of U.P. Thru. Prin. Secy. ... vs Smt. Ragini Srivastava on 9 October, 2023
Bench: Attau Rahman Masoodi, Om Prakash Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:64997-DB
Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 769 of 2023
Appellant :- State Of U.P. Thru. Prin. Secy. Irrigation Deptt. Govt. Of U.P. Lucknow And Others
Respondent :- Smt. Ragini Srivastava
Counsel for Appellant :- C.S.C.
Counsel for Respondent :- Mohd. Ali
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
C.M.A. No.1 of 2023 (Application for condonation of delay)
1. Heard Shri Mohit Jauhari, learned Standing Counsel for the appellants and Shri Mohd. Ali, learned Counsel who has put in appearance on behalf of sole respondent.
2. The present special appeal instituted under Chapter VIII Rule 5 of the High Court Rules is delayed by 93 days. The appeal is accompanied with an application for condonation of delay supported by an affidavit.
3. Shri Mohd. Ali, learned Counsel for the respondent has stated that the responent does not wish to file any objection against the application for condonation of delay and he shall have no objection if the delay in filing the present intra-court appeal is condoned.
4. Cause shown being sufficient and in absence of any objection against the application for condonation of delay, the application is allowed and the delay in filing the appeal is hereby condoned.
5. Office to allot regular number to the present special appeal.
Order on Appeal
6. The present special appeal has arisen out of the judgment and order dated 31.05.2023 rendered by the learned Single Judge in Writ -A No.15557 of 2018 whereby the writ petition filed by the respondent/petitioner seeking payment of retiral dues, family pension and terminal benefits of the petitioner's husband Late Ram Kumar Srivastava has been allowed with a direction to release the post retirement dues along with interest at the rate of 8% simple interest from the due date till the date of actual payment to the respondent-petitioner.
7. It appears that some proceedings as regards the issue of succession are stated to be pending before the competent court. Non-payment of post retiral dues/family pension gave rise to the writ petition before this Court. Since the son of the petitioner/respondent was given compassionate appointment, therefore, the Writ Court having regard to the settled position of law has rightly directed for the release of post retiral dues along with interest at the rate of8% per annum from the due date.
8. It is not in dispute that the action of withholding the post retiral benefits/family pension was resorted to on account of some will through which the family pension was bequeathed by the deceased employee. Family pension, it is well settled, is a heritable right of the wife or LR's dependent upon the public servant. The Writ Court has rightly dealt with all the aspects of the matter. It is clarified that the payment made to the respondent in so far as death-cum-retirement dues are concerned, the same shall abide by the civil proceedings pending, if any. The judgment passed by learned Single Judge, however, shall be implemented in letter and spirit.
9. The special appeal is, accordingly, disposed of.
(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)
Order Date :- 9.10.2023
Anand Sri./-
