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2025 DAILYLAW 108363 (ALL)

USHA SHARMA v. State of UP AND 4 OTHERS

WRIA/18506/2024 · 2025-09-03

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 18506 of 2024 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Yatindra, learned counsel for the respondent nos.4&5 and perused the record. The petitioner has preferred instant writ petition for a direction upon respondents to provide family pension and other benefits to the petitioner as permissible under law as well as further prayer to decide the application/representation dated 23.10.2024 filed by the petitioner. Learned counsel for the petitioner submits that the petitioner is daughter- in-law of Prakashvati Sharma, who was working as an Assistant Teacher in Primary School and expired on 13.06.2023. Therefore, she moved an application for family pension, which has not been considered till date. Thus, a direction may be issued to the respondent no.4 to take an appropriate decision in accordance with law within a time bound period. Learned counsel for the respondent 4&5 submits that the petitioner, being the daughter-in-law of the deceased employee, is not entitled for family pension as per the relevant rules. However, in case petitioner move a fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the Versus Counsel for Petitioner(s) : Arvind Kumar Maurya, Sudhindra Kumar Mishra, Vimal Kumar Dwivedi Counsel for Respondent(s) : C.S.C., Yatindra Usha Sharma .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) petitioner may make fresh application/representation, ventilating all her grievances, supported by such documents, as may be advised, before the respondent no.4; District Basic Education Officer, District Bulandshahar within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.4 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. September 4, 2025 Jitendra/- WRIA No. 18506 of 2024 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad