Neutral Citation No. - 2025:AHC-LKO:4836 Court No. - 6 Case :- WRIT - A No. - 2318 of 2023 Petitioner :- Kusum Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative And 3 Others Counsel for Petitioner :- Daya Shankar Yadav,Sanjiv Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Daya Shankar Yadav, learned counsel for the petitioner and Sri Aditya Dwivedi, learned Standing Counsel for the State-opposite parties. 2. By means of this petition, the petitioner has prayed following main reliefs:- "i) to issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to pay pension to the petitioner from the month of March, 2022 to till date and pay regular pension month to month, in the interest of justice. ii) to issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to pay month to month pension to the Petitioner because, the pension is only source of livelihood of the Petitioner." 3. Learned counsel for the petitioner has submitted that husband of the petitioner died on 8.7.2008 while in service on the post of Kuark Amin. After his death, she was getting pension but from the month of October, 2021, she has not received any pension. 4. Having considered the aforesaid contention, I am of the considered opinion that payment of family pension may not be stopped in any condition as such payment is not bounty but a legal right of an employee, which may not be infringed in any circumstances. The competent authority must take into account the plight of the employee that he and his family may not survive in absence of payment of pension, therefore, no making payment for substantial period is violative of Article 21 of the Constitution of India. 5. Therefore, the writ petition is allowed. 6. Opposite party no.3 is directed to make payment of arrears of family pension to the petitioner w.e.f. October, 2021 till date, with expedition, preferably within a period of six weeks from the date of receipt of certified copy of this order with interest at the rate of 6% p.a., failing which the petitioner shall be entitled for the interest at the rate of 10% p.a. on the delayed payment. Opposite party no.3 is also directed to ensure that the petitioner is paid his regular pension as and when the same falls due. 7. No order as to costs. (Alok Mathur, J.) Order Date :- 24.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench