WPSS/1620/2022
2022 Latest Caselaw 2682 UK

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                                  WPSS No. 1620 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 U.P./respondent no. 1.

Ms. Monika Pant, Advocate for respondent no. 2.

Mr. Rakesh Kunwar, Additional Chief Standing Counsel for the State of Uttarakhand/ respondent no. 3.

Heard learned counsel for the parties. Petitioner is widow of late Kripal Singh Bisht, who retired from U.P. State Road Transport Corporation on 31.07.1994.

According to the petitioner, her husband was appointed as Conductor on regular basis in erstwhile U.P. Roadways on 15.04.1956 and his services were confirmed on 01.04.1960. It is further her case that her husband was subsequently promoted to the post of Booking Clerk, on 28.05.1973 after creation of U.P. State Road Transport Corporation and retired in 1994.

Learned counsel for petitioner has apprised the Court that petitioner's husband passed away on 15.08.2011, however, pension and other post retiral dues were not paid to her husband.

By means of this writ petition, petitioner has sought 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. 31.7.1994 with interest, in the light of order dated 10.1.2017 passed in Special Appeal No. 40 of 2014 and other connected Special Appeals (contained in Annexure-9 to this writ petition) and the order passed by this Hon'ble Court in Writ Petition SS 247 of 2022 (contained in Annexure-4 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 till 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 31.7.1994."

Learned counsel for petitioner has relied upon a judgment dated 10.01.2017 rendered by Division Bench of this Court in Special Appeal No. 40 of 2014 and other connected cases.

Perusal of the judgment rendered by Division Bench reveals that this Court had directed the U.P. State Road Transport Corporation to examine the claim of all employees for pension, who were appointed before 1960.

Mr. Vijay Bhatt, learned counsel for petitioner undertakes on behalf of his client that petitioner will furnish the service record and all other documents available with her regarding her husband to Managing Director, U.P. State Road Transport Corporation, within two weeks from today.

Since the dispute raised by petitioner in this writ petition has been dealt with by Division Bench of this Court, therefore, present writ petition is also decided in terms of judgment dated 10.01.2017 rendered in Special Appeal No. 40 of 2014 and other connected cases. The Managing Director is directed to examine petitioner's claim in the light of judgment of Division Bench of this Court and pass a speaking order, as per law, within three months thereafter.

(Manoj Kumar Tiwari, J.) 26.08.2022 Navin