Neutral Citation No. - 2025:AHC-LKO:11812 Court No. - 6 Case :- WRIT - A No. - 2347 of 2025 Petitioner :- Sanno Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Secondary Edu. Lko And 5 Others Counsel for Petitioner :- Moti Lal Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Moti Lal Yadav, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. It has been submitted by learned counsel for petitioner that Sri Jai Prakash Mishra was the father in law of the petitioner and was working on the post of Assistant Teacher in Government Inter College in District Agra and he retired on 30.06.1995 and died on 14.12.2022. The mother in law of the petitioner was also an Assistant Teacher in Rajkiya Kanya Junior High School, Agra and also retired on 30.06.1996 and died on 22.03.2022. 3. It is in the aforesaid circumstances that the petitioner who is the widow of the son of the deceased government servant is claiming family pension. In support of her claim, the petitioner has annexed the definition of family as occurring in the Uttar Pradesh Government Servant Dying in Harness ( 12th Amendment) Rules, 2021 where the widow daughter in law has also been included in the definition of family and in the aforesaid circumstances has approached this Court e Amendment dated 12.11.2021 in the Uttar Pradesh Government Servant Dying in Harness Rules, 1974 and further a direction to the Chief Treasurer to pay family pension to the petitioner from the date of death of the father in law of the petitioner. 4. Learned Standing Counsel on the other hand has opposed the writ petition. He has submitted that the petitioner has not indicated any provision by which the pension of a deceased government servant can be paid to the widow daughter in law and in the present writ petition, petitioner seeks a direction to extend the benefit which has been given to the widow daughter in law 5. He submits that purpose and objects of Dying in Harness Rules, 1974 and the Pension Rules are different and in any case the amendment in the definition of family in the Rules of 1974 was specific for the purpose of appointment under the Dying in Harness and the same cannot be extended for grant of family pension. 6. Having considered the rival contention. It is noticed that father in law of the petitioner was in government service in Government Inter College, Agra and died on 14.12.2022. The son of Jai Prakash Mishra who was the husband of the petitioner had also pre-deceased the father in law and in the aforesaid circumstances the petitioner is claiming family pension. 7. Most specifically the petitioner has prayed for the State Government to pass a government order extending the benefit of 12th amendment to the Rules of 2021 in the cases of family pension also. 8. This Court is of the considered view that 12th Amendment Rules 2021 was specifically notified for appointment under the Dying in Harness Rules, 1974 while the payment of family pension is covered by specific provisions contained in the U.P. Government Servant Retirement Benefit Rules, 1961 and other government orders made in this regard and the petitioner cannot be granted benefit of the 12th amendment to the Rules of 1974. Unless and until appropriate government order is issued amending the definition of the family extending the benefit of pension to a widow daughter in law, no such direction as sought by the petitioner can be passed. 9. Even otherwise, whether the widow daughter in law would fall into the definition of family for the purpoes of payment of family pension or not is a policy decision to be taken by the State Government and no direction can be given by the writ court to the State Government in this regard. 10. This Court is of the considered view that such a decision is totally in the domain of the State Government. Accordingly, it is for the aforesaid reasons that the writ sought by the petitioner cannot be passed by this Court in exercise of powers under Article 226 of Constitution of India, the writ petition is accordingly bereft of merits and is dismissed. (Alok Mathur, J.) Order Date :- 27.2.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench