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Neutral Citation No. - 2025:AHC:75555 Court No. - 7 Case :- WRIT - A No. - 3302 of 2023 Petitioner :- Girish Devi Respondent :- State Of U.P.And 4 Others Counsel for Petitioner :- Kalpna Upadhyay,P.K. Upadhyay,Vikram Yadav Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The writ petition is filed with the following prayer:-
"i. Issue a writ, order or direction in nature of mandamus directing the respondents to pay the family pension, group insurance, G.P.F., gratuity and other post retiral dues, etc. to the petitioner after getting fixation of entire period of service of adhoc continuance followed by regularization w.e.f. 22.03.2016 till the death of husband of the petitioner dated 16.07.2021 in accordance with law."
3. It is submitted by learned counsel for petitioner that the petitioner is wife of deceased employee Late Shri Arvind Kumar Sharma, who was working as Assistant Teacher in the respondent institution. The claim of the petitioner is to direct the respondents to pay the family pension, group insurance, G.P.F., gratuity and other post retiral dues, etc. to the petitioner after getting fixation of entire period of service of adhoc continuance followed by regularization w.e.f. 22.03.2016 till the death of husband of the petitioner dated 16.07.2021, which is pending consideration before respondent no.3, however till date, no order has been passed, although the papers have been forwarded by the manager of the institution to the D.I.O.S.
4. Learned Standing Counsel submits that claim of petitioner would be decided in a time bound manner.
5. Considering the facts and circumstances of the case, the petitioner is set at liberty to file a fresh representation before the respondent no.3-District Inspector of Schools, Varanasi within 15 days along with a certified copy of this order. Respondent no.3- District Inspector of Schools, Varanasi after processing the same, if
the petitioner is found to be eligible for the claim, send the papers to the competent authority within two months. The competent authority thereafter shall immediately take decision on the matter.
6. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law.
7. With the aforesaid observation/direction, the writ petition stands
disposed of.
Order Date :- 8.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad