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2025 DAILYLAW 129297 (ALL)

SMT. SHANTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ DEPTT. LKO. AND 4 OTHERS

WRIA/3078/2025 · 2025-03-20

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16363 Court No. - 18 Case :- WRIT - A No. - 3078 of 2025 Petitioner :- Smt. Shanti Devi Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Lko. And 4 Others Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 5. By this petition, the petitioner has prayed for the following relief:- "i. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the opposite parties to provide family pension due to death of petitioner's husband Late Surendra Singh son of Late Gumani Singh on the post of Assistant Development Officer (I.S.B.) at Lucknow working Under opposite party no. 3 and he was retired from service on 31.12.1994 and died on 17.05.2019. ii. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the opposite parties to provide due pension with interest." Learned counsel for the petitioner submits that late husband of the petitioner who while working as Assistant Development Officer (I.S.B.), Lucknow retired on 31.12.1994. The petitioner married with late Surendra Singh in the year 1957. In the parivar register also her name has been mentioned. Late husband of the petitioner also performed second marriage with Smt. Mahesh Lali who died on 22.12.2015, the husband of the petitioner also died on 17.05.2019 and thus, the claim of the petitioner is not disputed. She is entitled to be given family pension, however, vide letter dated 20.06.2024 she has been informed that in the pension papers of late Surendra Singh, name of Smt. Mahesh Lalli Devi is mentioned and name of the petitioner Shanti Devi is not mentioned. Upon a query being made by the court as to whether any succession certificate has been issued in favour of the petitioner, learned counsel for the petitioner fairly submits that no succession certificate has been applied by her however, at this stage, learned counsel for the petitioner submits that petitioner may be permitted to make a fresh representation before the respondent No.3 who may be directed to decide the same within the stipulated time. Learned Standing Counsel has no objection to this innocuous prayer. Perused the record. Considering the above, the petition is disposed of with a liberty to the petitioner to move a fresh representation to respondent no. 3 District Magistrate, Lucknow along with the succession certificate. In case, the fresh representation is given by the petitioner with the succession certificate depicting that she is the legal heir of late Surendra Singh, the representation so given, shall be decided by respondent no. 3 by passing a reasoned and speaking order within four weeks from the date of submitting such representation. Order Date :- 20.3.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench