REHMAT JAHAN v. STATE OF U.P. THRU. ADDL. PRIN. SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 4 OTHERS
WRIA/4898/2025 · 2025-05-05
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137895 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137895 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25876 Court No. - 3 Case :- WRIT - A No. - 4898 of 2025 Petitioner :- Rehmat Jahan Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Urban Development Deptt. Lko. And 4 Others Counsel for Petitioner :- Praveen Kumar Tripathi,Anuja Bajpai Counsel for Respondent :- C.S.C.,Anand Kumar Tripathi Hon'ble Rajesh Singh Chauhan,J.
1. Heard Ms. Anuja Bajpai, learned counsel for the petitioner, Sri Pankaj Patel, learned Addl. Chief Standing Counsel for opposite parties No. 1 to 3 and Sri Anand Kumar Tripathi,
learned counsel for opposite parties No. 4 & 5. 2. By means of this petition, the petitioner has prayed for following relief:
"(i) Issue a writ, order or direction in the nature of Mandamus thereby directing the respondents No. 3 and 5 to pay the family pension of the petitioner. (ii) Issue a writ, order or direction in the nature of Mandamus thereby directing the respondents No. 3 and 5 to pay the family pension by considering the application, contained as Annexure No. 1 to this writ petition."
3. This is a case where the husband of the petitioner was serving as tractor driver in the Nagar Palika Parishad, Mohammadi Kheri since 1989, as a daily wager and he died on 27.08.2020 under harness. The claim of the son of the petitioner for providing compassionate appointment has been considered and his son Sri Tauheed Khan has been appointed as tractor driver on 13.10.2020. The present petitioner being a widow of the deceased employee requested for family pension on 21.04.2022, but no decision has been taken on such request of the present petitioner and she has not been given family pension till date. 4. The Executive Engineer, Nagar Palika Parishad Mohammadi, Kheri preferred a letter dated 24.11.2022 to Director Local Bodies (Account Examination Department) U.P. for taking
appropriate decision on the claim of the petitioner but no decision has been taken. 5. Ms. Bajpai has stated that for the purpose of providing the family pension, the entire services of her husband should be counted and in that way her late husband had completed the requisite services. She has also stated that when her son has been given compassionate appointment, she should have also been given family pension. 6.
Since, no appropriate decision has been taken redressing the grievance of the present petitioner, who is old aged lady of 73 years, therefore, liberty is given to the petitioner to prefer a fresh representation to opposite party No.2/ Director, Sthaniya Nikay Lekha Pariksha, Vibhag, Lucknow within a period of fifteen days taking all pleas which are available with her enclosing copy of earlier representation and correspondences between Nagar Palika Parishad and competent authority of the State Government and if such representation is preferred, the authority concerned shall consider and dispose of the same strictly in accordance with law, by speaking and reasoned order, sympathetically showing compassion, after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of two months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 7. This writ petition is disposed of, in view of the aforesaid terms.
Order Date :- 5.5.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench