WPSS/389/2022
2022 Latest Caselaw 3181 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
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                                  WPSS No. 389 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Anil Anthwal, Advocate for the petitioner. Mr. Narain Dutt, Brief Holder for the State of Uttarakhand/ respondent nos. 1 to 6.

Heard learned counsel for the parties. On the oral prayer made by learned counsel for petitioner, he is permitted to implead District Magistrate, Almora as respondent no. 9. Amended memo of parties be filed during the course of the day.

Petitioner's husband was serving as Junior Assistant in Government Inter College, Mehroli, Bhikiyasain, District Almora, who went missing in the year 2002. His civil death was declared by Civil Judge (Junior Division), Dwarahat, vide order dated 26.08.2010.

Since family pension and other retiral benefits payable to petitioner's husband have not been released so far, therefore, petitioner has approached this Court seeking the following relief:-

"(i) issue a suitable order or direction in the nature of mandamus commanding the respondents to pay the retiral benefit i.e. family pension to the petitioner of her husband including the arrears of family pension with applicable interest payable thereon since the date of missing of the petitioner's husband i.e. 16-12-2002 treating the said date as the date of death of the husband of petitioner."

Learned State Counsel submits that petitioner has been given compassionate appointment as Peon in Education Department w.e.f. 23.06.2012, however, he submits that due to discrepancy in the date of death of petitioner's husband, family pension and other dues could not be paid to petitioner. He points out that as per the certificate issued by Village Panchayat Vikas Adhikari, Takulti, Dwarahat, date of death of petitioner's husband is 26.08.2010; while, in the order passed by Civil Judge (Junior Division), Dwarahat, the date of death of petitioner's husband is not mentioned.

The said submission is without any force. Learned Civil Judge has not returned any finding regarding date of death of petitioner's husband and it has merely declared his civil death on the ground that he has not been heard for seven years by those who would naturally have heard of him, if he had been alive.

The death certificate issued by Village Panchayat Development Officer merely refers to the judgment rendered by Civil Judge and date of death is not indicated in the said certificate.

Learned State Counsel then submits that since petitioner has made representation to District Magistrate, Almora, therefore, District Magistrate be directed to take decision on such representation.

Accordingly, writ petition is disposed of by directing District Magistrate, Almora to take decision on petitioner's representation dated 17.11.2021 (Annexure-3 to the writ petition), as early as possible, but, not later than three months from the date of production of certified copy of this order, with copy of representation.

While taking such decision, District Magistrate shall call comments from District Education Officer (Secondary), Almora.

(Manoj Kumar Tiwari, J.) 27.09.2022 Navin