CLCON/205/2019
2021 Latest Caselaw 4660 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 22ND DAY OF NOVEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Contempt Petition No. 205 of 2019
BETWEEN:
Champa Pant and another                                   ...Petitioners
      (Mr. B.M. Pingal, Advocate)

AND:

Mr. R. Minakshi
Sunderram and others                                 ...Respondents
      (J.S. Bisht, Standing Counsel for the State)

                            JUDGMENT

Writ Petition (S/S) No. 18 of 2010 filed by the petitioner was disposed of in terms of judgment rendered in Writ Petition (S/S) No. 894 of 2014 and respondents were directed to consider petitioner's case for grant of family pension within a period of ten weeks.

2. It is a fact that petitioner's husband served in U.P. Basic Education Board, who got retired from services much before state re- organization and ultimately, he passed away in the year 1982. Since petitioner was not paid family pension, therefore, she filed a writ petition, which was disposed of by Writ Court with a direction to the respondents to consider her case for grant of family pension.

3. State of U.P. through Secretary, Department of Education was impleaded as respondent no.5 in the writ petition.

4. Since petitioner's husband had retired from services several years before State reorganization, therefore, liability, if any, to pay family pension was also upon State of U.P.

5. Learned Standing Counsel has produced in Court today written instructions received by him from Director, Elementary Education. The same is taken on record.

6. Based on the said written instructions, learned Standing Counsel submits that the entire record, including computation sheets, regarding family pension payable to the petitioner have been forwarded by the Competent Authority in Uttarakhand to State of U.P. Thus, according to him, the State of U.P. shall take further necessary instructions in the matter. Since the liability to pay family pension rests upon State of U.P. in terms of provisions contained in U.P. Reorganization Act, 2000, therefore, in view of forwarding of necessary papers by Competent Authority in Uttarakhand to State of U.P., substantial compliance of the order passed by Writ Court has been made.

7. Accordingly, contempt petition is closed.

8. Contempt notices issued to the respondent nos. 1, 2 and 3 are hereby discharged.

9. However, petitioner shall be at liberty to approach this Court, in case of delay in release of family pension to her by State of U.P.

(MANOJ KUMAR TIWARI, J.) Shubham