WPSS/1477/2022
2022 Latest Caselaw 2389 UK

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                                     WPSS No. 1477 of 2022
                                     Hon'ble Manoj Kumar Tiwari, J.

Mr. Vijay Bhatt, Advocate for the petitioner.

Mr. I.D. Paliwal, Standing Counsel for the State of Uttar Pradesh/respondent no.

Mr. Arvind Vashistha, Senior Advocate, assisted by Ms. Monika Pant, Advocate for respondent no. 2.

Mr. Pooran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand/ respondent no. 3.

Mr. Shobhit Joshi, Advocate, holding brief of Mr. Ashish Joshi, Advocate for respondent no. 4.

Heard learned counsel for the parties. Petitioner is widow of late Ramgopal Saxena, who served in erstwhile U.P. State Road Transport Corporation and retired on 30.04.1989.

It is contended by petitioner that her husband was given regular appointment as Cleaner in U.P. Roadways Department on 31.07.1950; his services were confirmed in 1956; he was promoted as Fitter in U.P. State Road Transport Corporation on 02.04.1962 and he retired as Tyre Inspector on 30.04.1989.

Since pension was not paid to petitioner's husband during his lifetime or even thereafter, therefore, petitioner has filed this writ petition seeking the following reliefs:-

"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to grant/ release pension of the petitioner from the date of retirement of her husband i.e. 30.04.1989 with interest, in the light of order dated 10.01.2017 passed in Special Appeal No. 40 of 2014 and other connected Special Appeals (contained in Annexure-9 to this writ petition).

(b) Issue a writ, order or direction in the nature of mandamus directing the respondents to grant arrears of pension, from the date of retirement of the husband of the petitioner til the date of actual payment, of the petitioner is released with interest.

(c) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay family pension to the petitioner pursuant to the service of her husband and having retired on 30.04.1989."

Learned counsels for parties are ad idem that controversy is covered by judgment dated 04.07.2022 rendered by this Court in Writ Petition (S/S) No. 247 of 2022.

In such view of the matter, present writ petition is also disposed of in terms of judgment dated 04.07.2022 rendered in Writ Petition (S/S) No. 247 of 2022.

Let necessary exercise be undertaken by U.P. State Road Transport Corporation, within eight weeks, strictly in terms of the ratio of the aforesaid judgment and appropriate order be passed, within two weeks thereafter.

(Manoj Kumar Tiwari, J.) 01.08.2022 Navin