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2025 DAILYLAW 103557 (ALL)

NIRMALA SINHA v. UNION OF INDIA AND 4 OTHERS

WRIA/15096/2025 · 2025-10-08

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15096 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. The petitioner has preferred instant writ petition praying for a direction upon the respondent authorities to grant family pension to her. She is widow of late Om Prakash Sinha, who was working on the post of Charge-man Grade-II in Ordnance Factory, Kanpur. Learned counsel for the petitioner submits that the petitioner's husband, who was an employee as Charge-man Grade-II in Ordnance Factory, Kanpur, retired on 30.06.2011. There were some strained relationship between the petitioner and her husband, therefore, she was living separately. The petitioner was also receiving maintenance from her husband. In a divorce case filed by her husband, the petitioner was considered to be his legitimate wife. Learned counsel for the petitioner further submits that as the petitioner was legitimate wife of the deceased employee and there being no orders from any competent court that they have separated or have divorced, she is entitled for family pension. In support of his submissions, learned counsel for the petitioner has relied upon a judgement of this Court in the case of Urmila Singh v. State of U.P. And 4 Others, Writ-A No. 5545 of 2021, 2025:AHC:121667, wherein similar controversy has been dealt with and a estranged wife (petitioner therein) has been held entitled for family pension. Leaned counsel for the petitioner prays that a direction may be issued upon the respondent no. 2 - General Manager Ordnance Factory, Kalpi Road, Kanpur, to decide the petitioner's representation which is pending Versus Counsel for Petitioner(s) : Chandreshwer Prasad, Jitendra Kumar Yadav Counsel for Respondent(s) : A.S.G.I., Piyush Tripathi Nirmala Sinha .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) before him. Sri Piyush Tripathi, learned counsel appearing for respondents submits that he has no objection to the aforesaid prayer as being sought for by learned counsel for the petitioner. Having considered the submissions of learned counsel for the parties, this Court finds that ends of justice would be subserved by granting liberty to the petitioner to move a fresh representation for ventilation of her grievance, before the respondent no. 2 within three weeks from today, whereupon the respondent no. 2 shall pass appropriate orders in accordance with law keeping in mind the law laid down in Urmila Singh (supra), expeditiously, preferably within a period of six week threafter. The writ petition stands disposed of accordingly. There shall be no orders as to costs. October 9, 2025 DS WRIA No. 15096 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad