Smt. Rihana vs State Of Up And 2 Others
2024 Latest Caselaw 37018 ALL

Allahabad High Court

Smt. Rihana vs State Of Up And 2 Others on 11 November, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176388
 
Court No. - 7
 
Case :- WRIT - A No. - 16952 of 2024
 
Petitioner :- Smt. Rihana
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Lal Chandra Srivastava,Neeraj Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard learned counsel for the petitioner and learned standing counsel for the State-respondents.

2. Present petition has been filed with the following prayer:-

"(i) Issue a writ in nature of mandamus commanding the respondents to fix and release the family pension by taking into account the whole period of services of work charged establishment rendered by the husband of petitioner on the same terms of Prem Singh judgment alongwith 8% interest thereon within the period as specified by the Hon'ble Court."

3. Learned counsel for the petitioner submitted that for redressal of his grievance, he has filed a representation dated 30.9.2024 before the respondent No. 3, but till date same has not been decided. He next submitted that a suitable direction may be issued to respondent No. 3 to decide the representation of the petitioner within stipulated period.

4. Learned standing counsel submitted that representation of the petitioner is vague and further submitted that he may be directed to file fresh representation before the respondent no.3 and in case any such representation is filed, the same shall be considered and decided at the earliest.

5. Considering the facts and circumstances of the case, the present petition is disposed of with liberty to petitioner to file fresh representation before the respondent no.3 within two weeks from today. In case any such representation is filed before the respondent no.3, he shall consider and decide the same within a period of three months from the date of production of certified copy of this order.

6. It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 3 to decide the representation of the petitioner after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.

Order Date :- 11.11.2024

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