Allahabad High Court
Chandravati vs State Of Up And 3 Others on 6 November, 2024
Bench: Vivek Kumar Birla, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:173987-DB
Court No. - 29
Case :- SPECIAL APPEAL No. - 810 of 2024
Appellant :- Chandravati
Respondent :- State Of Up And 3 Others
Counsel for Appellant :- Pankaj Dwivedi,Praveen Kumar Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Praveen Kumar Mishra, learned counsel for the appellant, Sri Ratan Deep Mishra, learned Standing Counsel appearing for the respondent-State of U.P.
2. The present special appeal has been preferred against the judgment and order dated 28.05.2024, passed by a learned Single Judge in Writ - A No. - 7981 of 2014 [Chandravati Widow Vs. State of U.P. and 3 Others].
3. By the impugned order the petition filed by the widow of one Late Chandrarpal Singh, who was working as Instructor in Food Processing Training Center, Paliwal, District Agra, was dismissed on the ground of laches observing that the late husband of the petitioner retired on 25.05.2005 and he died on 05.04.2018 and therefore the petition filed in the year 2024 suffers from laches and there is no explanation as to why the husband of the petitioner had not approached the Court for raising his grievance in this regard.
4. On 12.09.2024 the following order was passed:
"1. Heard Shri Pankaj Dwivedi, learned counsel for the petitioner and Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents.
2. The writ court order is under challenge by means of instant appeal only on the premises that the appellant, who is a family pension holder is aggrieved as the second Assured Career Progression (in short 'ACP') was not accorded to her deceased husband, which would have direct impact on her family pension.
3. In this backdrop, the case is set up by the appellant that the ACP scheme is meant for up-gradation of an employee after a certain period subject to the satisfactory service, not a discretion. The ACP benefit cannot be negated either on the ground of laches or that the widow cannot claim such benefit. In case, the ACP/Grade Pay is accorded to the deceased employee, automatically the family pension holder would get the higher family pension.
4. Before proceeding on merits of the matter, let Shri Ambrish Shukla, learned ACSC may get the appropriate instructions in the matter.
5. Put up this matter again on 30.09.2024 as fresh."
5. Pursuant to the aforesaid order learned Standing Counsel has produced before us a copy of the instructions dated 26.09.2024 submitted by the respondent No. 4, the Principal, Government Food Science Training Center, Paliwal Park, Agra to the effect that in fact the late husband of the petitioner was granted A.C.P. in the scale of 8000-13500 vide order dated 25.05.2005 passed by the Directorate w.e.f. 01.03.2000 and his arrears were also paid and his pension was also fixed in the aforesaid payscale. The instructions are taken on record. However, in the instructions it is reflected that vide order dated 07.08.2012 passed in Writ - A No. 1704 (SS) 2010 filed by the U.P. Phal Sanrakshan Takniki Karmchari Sangh, it was directed that the payscale of 8000-13500 be given/approved w.e.f. 01.01.1996. The instructions further reflects that pursuant to the aforesaid order, a letter dated 16.08.2017 had been written to the Director for compliance of the aforesaid order doing the needful in respect of payment of arrears and other consequential benefits. Copies of the communications have also been annexed along with the instructions.
8. In such view of the matter, we find that the impugned order is liable to be quashed. Accordingly the same is quashed and the respondent No. 2, the Director, Horticulture and Food Processing Department, U.P. Lucknow, is directed to decide the claim of the petitioner in light of the communication already made by the respondent No. 4 preferably within a period of two months from the date of production of a certified copy of this order.
9. Special Appeal is allowed with the observations made as above.
Order Date :- 6.11.2024
Arun K. Singh
