Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 129787 (ALL)

SMT. RAMVASA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. , MEDICAL AND HEALTH , LKO. AND 5 OTHERS

WRIA/3452/2025 · 2025-04-02

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:18337 Court No. - 18 Case :- WRIT - A No. - 3452 of 2025 Petitioner :- Smt. Ramvasa Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. , Medical And Health , Lko. And 5 Others Counsel for Petitioner :- Dinesh Chandra Tewari,Chandra Bhushan Panday Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. In view of the proposed order being passed, notices to respondent no.6 is dispensed with. Heard learned counsel for the petitioner, 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 certiorari to thereby quash the forged entry of opposite party no.6 as nominee from the service book of the husband of the petitioner which is contained as Annexure no.3 to this writ petition in the interest of justice. (II) Issue a writ order or direction in the nature of mandamus commanding the opposite parties especially opposite party no.4 to enter the name of the petitioner as a nominee in service book of the petitioner's husband in the interest of justice. (II) Issue a writ order or direction in the nature of mandamus commanding the opposite party no.4 to make the payment of the family pension to the petitioner in the interest of justice. (IV) Issue a writ order or direction in the nature of mandamus commanding the opposite party no.4 to not to make the payment to the opposite party no.5 on the basis of forged entry made in the service book of the petitioner's late husband as a nominee." Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of Late Mangal Prasad. After the death of her husband, she moved an application before the opposite parties for payment of post retiral dues/family pension then she came to know that opposite party no.6 who had no concern with the petitioner's family or with her late husband and she is also not the legally wedded wife of Late Mangal Prasad just to usurp the property of petitioner's husband got her name entered as a nominee in the service record with the collusion of the office bearers of the department. The attention of the court has been invited towards the RTI information dated 13.01.2025 given by the opposite party no.4. Perused the record so also the RTI information dated 16.01.2025 which shows that in the service book nomination form was not filled up by Late Mangal Prasad Singh. Later on, the name of the respondent No.6 appears to have been inducted. At this stage, learned counsel for the petitioner confines his prayer to the extent that the representation of the petitioner may be directed to be decided by respondent no.3. Learned Standing Counsel has no objection to this innocuous prayer. Perused the record. Considering the above, the petition is disposed of with liberty to the petitioner to move a fresh representation to respondent no.3 i.e. Chief Medical Officer, Bahraich within two weeks' from today. If the petitioner submits a fresh representation, the respondent no.3 shall decide the same within four weeks' thereafter, by passing a speaking and reasoned order after providing opportunity of hearing to the affected parties. Order Date :- 2.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench