Tabassum Hayat vs State Of U.P. Thru. Secy. Deptt. Basic ...
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Allahabad High Court

Tabassum Hayat vs State Of U.P. Thru. Secy. Deptt. Basic ... on 15 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37137
 
Court No. - 20
 

 
Case :- WRIT - A No. - 3754 of 2024
 

 
Petitioner :- Tabassum Hayat
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Basic Edu. Lko And 3 Others
 
Counsel for Petitioner :- A.Z. Siddiqui
 
Counsel for Respondent :- C.S.C.,Prashant Kumar Singh,Ran Vijay Singh
 

 
Hon'ble Shree Prakash Singh,J.
 

1. Heard A.Z. Siddiqui, counsel for the petitioner, Sri Ranvijay Singh, counsel for opposite party no. 2, Sri Prashant Kumar Singh, counsel for opposite party nos. 3 and 4 and Sri Pradeep Kumar Singh, counsel for opposite party no. 1.

2. Instant petition has been filed with following reliefs:-

"I. Issue writ, order or direction in the nature of mandamus commanding and directing the Opposite Parties to release the family pension to the Petitioner forthwith in accordance with the Government orders and judgment rendered in this regard by this Hon'ble Court;

II. Issue any other order as may be deemed just and proper in the facts and circumstances of the case, in the interest of justice; and

III. Allow this Writ Petition with cost."

3. The contention of learned counsel for the petitioner is that the father of petitioner was retired in year 2002 and he died in year 2022 and the petitioner is a divorced daughter of the deceased employee. He next added that after the death of father of the petitioner, an application was moved on 30.08.2023 before the District Basic Education Officer for grant of family pension, but the same is still unheard. He added that the petitioner is facing hard and therefore, the opposite party nos. 3 and 4 may be directed to decide the claim of the petitioner with respect to the grant of family pension, within stipulated period of time as may be fixed by this Court.

4. On the other hand, counsels appearing for opposite parties have no objection to the contention aforesaid.

5. In view of the aforesaid innocuous prayer and without entering into the merit of the case, the opposite parties nos. 3 and 4 are hereby directed to take decision, regarding grant of family pension to the petitioner, being the divorced daughter of the deceased employee, within period of six weeks, from the date, certified copy of this order produced before him,

6. With the aforesaid observations, the writ petition is disposed of.

Order Date :- 15.5.2024

Mayank