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2025 DAILYLAW 135107 (ALL)

SMT. RINI SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HONDLOOM AND TEXTILES AND 5 OTHERS

WRIA/4398/2025 · 2025-04-24

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23600 Court No. - 3 Case :- WRIT - A No. - 4398 of 2025 Petitioner :- Smt. Rini Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Hondloom And Textiles And 5 Others Counsel for Petitioner :- Neelesh Kumar Yadav,Surendra Kumar Yadav Counsel for Respondent :- C.S.C.,Akhilesh Pratap Singh,Anchal Tewari Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Neelesh Kumar Yadav, learned counsel for the petitioner, Sri Raghvendra Pratap Singh, learned Addl. C.S.C. for opposite party No.1 and Sri Anchal Tiwari, learned counsel for opposite parties No. 2 to 4. 2. Sri Akhilesh Pratap Singh, Advocate has accepted notice for opposite parties No. 5 & 6. 3. By means of this petition, petitioner prayed for following reliefs:- "(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to direct opposite party No. 5 to transfer the amount of employees bearing Account No.UPBLY00110550000000180 into account of Employers Provident Fund, Kanpur in Account No. UPKNP00051150000002063. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to release/pay the amount of Employers Provident Fund to the petitioner expeditiously within stipulated period. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay family pension to the petitioner from the date the same became due and pay the same each and every month. (iv) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay arrears of family pension from the date the same became due till the actual payment along with interest. (v) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to consider and decide the pending representation dated 16.08.2024 of the petitioner in accordance with law." 4. Sri Anchal Tiwari has submitted that the required exercise to make payment of dues as has been prayed in the writ petition is under way and as soon as the required formalities are completed, the petitioner may be paid the aforesaid dues, but there is no provision to pay family pension and petitioner has not enclosed any provision claiming the benefit of family pension therefore, such amount may not be paid to her. Sri Tiwari has further submitted that after completion of the aforesaid exercise, the papers would be sent to the competent authorities of the Provident Fund i.e. opposite party Nos. 5 & 6, who shall release the funds to the petitioner. 5. Be that as it may, since the required exercise is under way, therefore, liberty is given to the petitioner to move a fresh representation to opposite parties No.2, 5 & 6 i.e. Managing Director, U.P. State Handloom Corporation Ltd., Lucknow, Assistant Commissioner, Provident Fund, Bhavishya Nidhi Bhawan, Bareilly and Assistant Commissioner, Provident Fund, Regional Officer, Kanpur, ventilating her grievance taking all pleas and grounds which are available with her enclosing therewith the copy of her earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law, with expedition preferably, within a period of eight weeks by the opposite party No.2 and within four week by opposite parties No. 5 & 6 and the decision thereof shall be intimated to the petitioner forthwith. 6. It is made clear that the period of four weeks for opposite parties No. 5 & 6 would start when the relevant papers are sent to them by the opposite party No.2 or any competent authority on behalf of opposite party No.2. 7. If, any formality is required on the part of the petitioner, the same may be intimated to her so that she can complete such formality to get the dues for which this petition has been filed. 8. Since, the dues are related to a widow lady therefore the aforesaid competent authorities shall do the needful for making aforesaid payments within the aforesaid stipulated time. 9. It is also needless to say that for the claim of family pension, if the petitioner has got any statutory prescription or mandate on law, the same may be claimed from the competent authority and decision thereon may be taken by the competent authority, strictly in accordance with law. 10. With the aforesaid observation and direction, the writ petition is disposed of finally. Order Date :- 24.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench