Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15216 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Vijay Gautam, learned Senior Counsel assisted by Ms. Atipriya Gautam, learned counsel for the writ petitioner and Sri Pramod Kumar Srivastava, learned Addl. Chief Standing Counsel for the State. 2. The case of the writ petitioner is that her husband Deshraj Singh (since deceased) was the Head Constable in the police department and he expired on 13.06.2021. The writ petitioner claims to be the second wife of the deceased and the deceased had left the writ petitioner and a son aged about 28 years. It is also the claim of the writ petitioner that the first marriage of the deceased was solemnized with Rajwati Devi, however, she died on 11.03.2022 issueless. According to the writ petitioner, the writ petitioner is entitled to payment of family pension. 3. Prayer in the present writ petition is for a direction to the respondents to pay family pension to the writ petitioner along with the interest w.e.f.
14.06.2021. 4. Sri Pramod Kumar Srivastava, learned Addl. Chief Standing Counsel on the other hand submits that whatever might be, a conscious decision is to be taken by the authority, however, the authority before releasing the family pension has to be satisfied whether there are competing claim or not and it is for the writ petitioner to approach the fifth respondent/ S.S.P. Aligarh, for redressal of the grievances. 5. Considering the submissions so made across the Bar, without going into the merits of the matter and looking into the nature of the relief so claimed, Versus Counsel for Petitioner(s) : Ambuj Maurya, Atipriya Gautam, Sr. Advocate Counsel for Respondent(s) : C.S.C. Meera Devi .....Petitioner(s) The State Of U.P. And 7 Others .....Respondent(s)
the writ petition stands disposed of with the following terms:- (a) The writ petitioner shall approach the S.S.P. Aligarh by 27.10.2025 along with death certificate of the first wife, affidavit that the first wife is not blessed with any child and she died issueless and the document showing the entitlement of the writ petitioner. (b) On the said motion, the S.S.P. Aligarh shall examine the matter and conduct an enquiry in that regard and after being satisfied shall proceed to pass appropriate order within a period of three months thereafter. 6.
In case, the fifth respondent is of the opinion that certain inputs are required to be submitted by the writ petitioner, then the same shall be furnished by giving 10 days' time in that regard. The entire exercise should be conducted within three months. Needless to point out that this Court has not examined the matter on merits and it shall be opened to the examining authority to consider the each and every aspect of the matter, in accordance with law. October 9, 2025 N.S.Rathour WRIA No. 15216 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad