Neutral Citation No. - 2025:AHC-LKO:23033-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 40 of 2025 Appellant :- Kamar Jahan @ Sayra Bano Respondent :- State of U.P. Thru. Prin. Secy. Finance U.P. Lko. and 3 Others Counsel for Appellant :- Anu Pratap Singh Counsel for Respondent :- C.S.C., Anil Kumar Singh Visen (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. 1. This appeal is directed against order dated 02.01.2025 passed by learned Single Judge, whereby the writ petition filed by the petitioner-appellant, aggrieved of the order dated 21.09.2022, passed by the respondents denying family pension to the petitioner, has been rejected. 2. The petitioner, claiming herself to be widow of deceased - Waseem Ahmad, who was a pensioner, sought family pension. The claim was made by the petitioner in the name of 'Kamar Jahan'. As the service book of the deceased indicated the name of the wife as 'Sayra Bano', the respondents declined to make payment of the family pension to the petitioner. Feeling aggrieved, the writ petition was filed. 3. Learned Single Judge, after hearing the parties, came to the conclusion that highly disputed questions of fact were involved and therefore, the petitioner should seek declaration from the competent civil court pertaining to her name and status and consequently, dismissed the writ petition. 4. Learned counsel for the appellant made submissions that learned Single Judge was not justified in dismissing the writ petition as it was consistently the case of the petitioner that she was wife of deceased - Waseem Ahmad and that an affidavit in this regard was given by her son also. Further submissions were made that the picture of the petitioner finds pasted on the service book of the petitioner and the pension payment order, which has not been disputed and therefore, the action of the respondents in this regard cannot be sustained. 5. When the matter came up before this Court, it was claimed on 20.03.2025 that in the nomination registered with the Punjab National Bank, name of the petitioner as nominee has been indicated as Sayra Bano alias Kamar Jahan. As there was otherwise no material available to indicate that the name of the petitioner is also Kamar Jahan/name of wife of the deceased was also Kamar Jahan, the petitioner was permitted to produce the material. 6. A supplementary affidavit has been filed alongwith a copy of the nomination form which was supplied by the Bank after the direction of the Court. The nomination form available with the bank as filled up by the deceased, indicates the name Sayra Bano alias Kamar Jahan at two places and the relationship indicated is wife. The picture, which appears on the pension payment order and the service book and that on the Aadhar Card as well as the affidavit, appears to be similar. 7. In the over all fact situation of the case, wherein from the material, which is now available on record, establishes that the petitioner is the wife of the deceased - Waseem Ahmad and is also known by the name - Kamar Jahan and therefore, the denial of family pension to the petitioner by the respondents, cannot be sustained. 8. Consequently, the appeal is allowed. The order dated 21.09.2022 impugned in the writ petition as well as the order of learned Single Judge are quashed and set aside. 9. The respondents are directed to make payment of the family pension from the date the petitioner became entitled, i.e., soon after the death of her husband from the month of August, 2021, the respondents are directed to issue PPO in her name and make payment of the arrears and thereafter, month to month pension within a period of six weeks from the date of this order. Order Date :- 23.4.2025 Mukesh Pal/Harshita (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad, Lucknow Bench