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2025 DAILYLAW 116866 (ALL)

SMT. SITA PATI v. UNION OF INDIA THRU. SECY. MINISTRY COMMUNICATION DEPTT. POST AND 4 OTHERS

WRIA/506/2025 · 2025-01-17

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3019 Court No. - 6 Case :- WRIT - A No. - 506 of 2025 Petitioner :- Smt. Sita Pati Respondent :- Union Of India Thru. Secy. Ministry Communication Deptt. Post And 4 Others Counsel for Petitioner :- Pradeep Tiwari,Mamta Tiwari Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J. 1. Heard Sri Pradeep Tiwari, learned counsel for the petitioner as well as Sri S. B. Pandey, learned Deputy Solicitor General of India assisted by Sri Varun Pandey for the opposite parties. 2. The dispute raised by the petitioner in the present writ petition is with regard to identity of the petitioner that she is the wife of Rama Nand Pandey, who died on 30.4.2021. The department had initially started paying pension to the petitioner btu certain complaints were received that the petitioner is not the wife of the deceased government employee and, thereafter the pension was stopped. The petitioner had approached this Court by fling writ A No.7256 of 2024 which was disposed of with direction to the respondents to decide representation of the petitioner. It was further provided that if the petitioner is aggrieved by the said order he may approach Central Administrative Tribunal (Tribunal in short) by filing original application. Instead of approaching the Tribunal the petitioner has approached this court by filing present writ petition. Undoubtedly, the petitioner has effective remedy before the Tribunal considering the fact that the husband of the petitioner was an employee in the Head Post Office , Barabanki and being a central government employee his grievance can be adequately looked into by the Tribunal. Apart from the above, this Court had also directed him to approach the Tribunal in case he finds himself aggrieved by the decision on the representation. 3. Accordingly, we find that the petitioner has equally efficacious remedy before the Central Administrative Tribunal and, hence, the petition is dismissed on the ground of alternate remedy. (Alok Mathur, J.) Order Date :- 17.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench