WPMS/2313/2021
2021 Latest Caselaw 4589 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 16th DAY OF NOVEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2313 of 2021
BETWEEN:
Smt. Khagoti Devi                                              ...Petitioner
      (Ms. Pooja Yadav, Advocate holding brief of Mr. S.S. Yadav, Advocate)

AND:

Government of India and others                           ...Respondents
      (Mr.   Pankaj   Chaturvedi,   Standing   Counsel   for    the   Union   of
      India/respondent no.1 and M.C. Tewari, Deputy Advocate General for
      the State/respondent nos. 2 to 5)

                           JUDGMENT

By mean of this writ petition, petitioner has sought the following reliefs:-

"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to release the Kendriya Swantrata Sangram pension to the petitioner scrutinizing the documents providing by her before the concerned authorities as early as possible in the strength of Hon'ble High Court order dated 27.12.2017.

ii. Issue a writ, order or direction in the nature of the mandamus directing the respondent no. 1 and 2 to release the pensioner amount of the petitioner alongwith available market interest to the petitioner."

2. On 09.11.2021, learned Standing Counsel for the Union of India was granted time to get instructions in the matter. Today, he has produced in Court an order dated 12.11.2021 passed by Under-Secretary, Ministry of Home Affairs, Government of India. It is addressed to

Pay & Account Office (P & M), Ministry of Home Affairs. The said letter is taken on record. Based on the said letter Mr. Pankaj Chaturvedi made a statement that Dependent Family Pension amounting to ` 26,000/- per month with effect from 30.01.2018 has been sanctioned to the petitioner.

3. In such view of the matter, this Court is of the opinion that the relief as claimed in the writ petition does not survive.

4. Accordingly, the writ petition is disposed of in terms of the statement made by Mr. Pankaj Chaturvedi.

(MANOJ KUMAR TIWARI, J.) Shubham