SMT. SUMAN SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. RURAL DEVELOPMENT LKO. AND 2 OTHERS
WRIA/384/2025 · 2025-01-15
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116652 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116652 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2485 Court No. - 6 Case :- WRIT - A No. - 384 of 2025 Petitioner :- Smt. Suman Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Rural Development Lko. And 2 Others Counsel for Petitioner :- Vijay Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. It has been submitted by learned counsel for petitioner that the petitioner is a widow of Lieutenant Rahul Kumar Srivastava, who was initially appointed in District Rural Development Agency on 02.12.1985 on the post of Junior Accounts Clerk and was posted in District Gonda. Lastly, he was posted in District Azamgarh as an Account Officer whereby he died on 16.04.2021 during his service period during the Covid-19 pandemic. After the death of her husband on 16.04.2021, a P.P.O. has been issued on 13.09.2023, according to which the petitioner would receive an amount of Rs.13230 + Dearness Allowance till 16.04.2031 thereafter she will continue to remain receive the same pension. 3. It has been submitted by learned counsel for petitioner that according to Government Order dated 23.12.2016, in a situation where a government servant dies during harness, the spouse over legal heir is entitled to get pension at the higher rate for the next ten years from the date of death of the government servant. He submits that in clause 7 (2) of the said government order, it has been provided that the higher rate of pension would be 50%
of the basic wages of the deceased government servant while the respondents has granted the petitioner only 30% of the basic wages as higher rate of pension,which is illegal and arbitrary. 3. After arguing at some length, learned counsel for petitioner submits that the grievance of the petitioner shall be substantially redressed in case respondent no. 2 is directed to consider and decide the representation of the petitioner dated 27.08.2024 as contained in Annexure No. 13 to the writ petition expeditiously. 4. Learned Standing Counsel does not object to the prayer made by the petitioner. 5. In light of the above, this writ petition is disposed of with liberty to the petitioner to move a fresh representation within two weeks from today to respondent no. 2.
i.e., Commissioner, Rural Development, U.P., Lucknow, in case such a representation is made within the aforesaid period, the respondent no. 2 shall consider and decide the same with expedition within next six weeks by a reasoned and speaking
order in accordance with law. In case, the petitioner is found to be entitled to the higher pension as claimed, the respondent no. 2 shall issue a fresh P.P.O., no later than four weeks from the date of decision is taken and shall pay the arrears of pension with expedition.. (Alok Mathur, J.)
Order Date :- 15.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench