Neutral Citation No. - 2025:AHC:107499 Court No. - 52 Case :- WRIT - A No. - 2553 of 2019 Petitioner :- Smt. Shanti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vimal Kumar Counsel for Respondent :- Amit Saxena (Senior Adv.),C.S.C.,Sanjay Chaturvedi Hon'ble Mrs. Manju Rani Chauhan,J. 1. The petitioner has filed the present petition with the prayer to direct the respondents to comply with the order dated 24.02.2016 passed by the Basic Shiksha Adhikari, Ballia for granting family pension and for payment of other retiral dues to the petitioner within stipulated period. 2. The petitioner's husband was working as Head Master in Kamariya Baba Purv Madhyamik Vidyalaya, Jhanpur Devalbir, Ballia, superannuated on 30.06.2011 and died on 19.12.2014. As petitioner's husband was not paid pension, petitioner being his wife, a writ petition being Writ-A No.31864 of 2015 was filed with the prayer for the aforesaid. The aforesaid writ petition was disposed of vide order dated 27.05.2015 directing the District Basic Education Officer, Ballia to look into the grievance of the petitioner and pass appropriate orders. 3. In compliance of the aforesaid order, the District Basic Education Officer passed order dated 24.02.2016 granting approval for payment of family pension and other dues to the petitioner. Subsequently, she was paid an amount of Rs.24,28,223/- towards family pension and other dues during pendency of the present petition. However, subsequently, the aforesaid order passed by respondent no.2 was modified vide order dated 15.03.2019 to the extent that the family pension and other dues shall be paid after the final outcome of Case No.4525 of 2011. 4. Learned counsel for the petitioner submits, as the aforesaid case was already decided on 07.01.2016, there was no occasion of modifying the earlier order in arbitrary manner without giving liberty to the petitioner and, petitioner being wife of the deceased- employee entitled to family pension and other dues. 5. It has been informed by learned Standing Counsel that an order dated 15.02.2020 has been passed by District Basic Education Officer mentioning the details of the amount which has already been paid to the petitioner which is not disputed by the petitioner. 6. Learned counsel for the respondent submits that against deceased-employee, an FIR was lodged with an allegation of embezzlement. The modified order speaks about the case which was filed by the deceased-employee about which respondent no.2 came to know after he has passed the earlier order in compliance of the order passed by this Court deciding the representation redressing the grievance of the petitioner-wife of the deceased- employee hence the order was modified. 7. From the perusal of the order passed in the pending case i.e. Case No.4525 of 2011 annexed on page 11 of the supplementary rejoinder affidavit filed by learned counsel for the petitioner, vide order dated 07.01.2016 the matter was decided due to death of the alleged accused (deceased-employee) of the present case. It was not decided on merits, therefore, the allegations against the deceased-employee were intact and it transpires from the record that there are serious allegation of embezzlement. 8. Therefore, there is no illegality in the order which has been challenged by learned counsel for the petitioner at this stage. Petitioner-Shanti Devi also expired hence nothing remains to interfere in this petition. 9. Petition is, accordingly, dismissed. 10. However, legal heirs of petitioner-Shanti Devi are at liberty to challenge the modified order dated 15.03.2019 passed by respondent no.2. In case the order is challenged, the respondent will pass appropriate orders without being affected by observations made hereinabove. Order Date :- 8.7.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad