Neutral Citation No. - 2025:AHC:37167 Court No. - 6 Case :- WRIT - A No. - 16305 of 2024 Petitioner :- Gyan Prakash Mishra Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Dinesh Kumar Tripathi,Rahul Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Sri Dinesh Kumar Tripathi and Sri Rahul Srivastava, Advocates for petitioner, are not present. 2. This Court passed following orders on 17.12.2024 and 21.02.2025: Order dated 17.12.2024 “The wife of the petitioner served in the Government of U.P. for three years. The petitioner's wife was appointed as Assistant Teacher on 28.11.2018. She died on 05.02.2022. At the time of her death, the petitioner's wife had completed 3 years 2 months and 4 days of service. The petitioner has been getting family pension after the death of his wife. He is seeking enhancement of the family pension by means of the instant writ petition. On 04.12.2024 the following order was passed: "The petitioner's wife was appointed in the year 2018. She died in the year 2022. On the date of death the petitioner's wife had completed 3 years, 2 months and 4 days of service. Director (Basic Education), Government of U.P., Lucknow shall file a personal affidavit disclosing the qualifying period of service and other prerequisites which required for grant of family pension to the kin of the deceased employees. In case the affidavit is not forthcoming, the Director (Basic Education), Government of U.P. shall appear in person on the next date of listing. Put up this case on 17.12.2024 in the list of fresh cases." The affidavit has not been filed. It has been contended that family pension does not require any qualifying service unlike regular pension. There appears to be a dichotomy in this concept since pension to an employee who has been in regular service is denied in the event of absence of minimum qualifying service. This issue shall also be addressed in the counter affidavit. The counter affidavit shall be sworn by the Principal Secretary, Basic Education, Government of U.P. Learned Standing Counsel prays for and is granted three weeks time to file counter affidavit bringing all the relevant materials and government orders in the record. Put up this matter in the list of fresh cases on 21.02.2025. In the meantime, the petitioner shall file all the relevant government orders by means of an affidavit.” Order dated 21.02.2025 “1. Today the lawyers are abstaining from work. 2. Vide order dated 17.12.2024, learned Standing Counsel was granted time to file counter affidavit bringing all the relevant materials and government orders in the record but the same is not on record. 3. In this view of the matter, three weeks further time is granted to the learned Standing Counsel to comply with the order dated 17.12.2024. 4. Put up as fresh immediately after three weeks.” 2. Mrs. Shruti Malviya, learned Standing Counsel for State-Respondents, submits that further opportunity be granted to respondents file counter affidavit since there are legal impediments to allow the prayer made in this writ petition. 3. I have considered the above submission. Since petitioner’s grievance has not been considered by respondents and even no counter affidavit has been filed, therefore, this writ petition is disposed of with observation that petitioner’s case will be considered by concerned respondent in accordance with law and in case there is any legal impediment, the same may be communicated to petitioner within a short period, preferably within two weeks from today. 4. The Court takes note of conduct of concerned State-Respondents since despite adjournment till date no counter affidavit is filed. Therefore, a cost of Rs. 1100/- is imposed on concerned State-Respondents to be paid to petitioner. 5. At this stage, learned Standing Counsel gives an undertaking that such disobedience will not be repeated in future by any of the State-Respondents. Therefore, taking note of above undertaking, the cost is exempted. Order Date :- 17.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad