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2025 DAILYLAW 138785 (ALL)

TARA v. STATE OF U.P. THRU. SECY. DEPTT. OF NAGAR VIKAS U.P. LKO. AND 3 OTHERS

WRIA/5044/2025 · 2025-05-09

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27236 Court No. - 3 Case :- WRIT - A No. - 5044 of 2025 Petitioner :- Tara Respondent :- State Of U.P. Thru. Secy. Deptt. Of Nagar Vikas U.P. Lko. And 3 Others Counsel for Petitioner :- Surya Kumar,Pushpendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Surya Kumar, learned counsel for the petitioner and Sri Nitin Mathur, learned Additional Chief Standing Counsel for the State-opposite party Nos.1 & 2. 2. No one has accepted notice on behalf of opposite party Nos.3 & 4, therefore, in view of the proposed order the notices to those opposite parties are hereby dispensed with. 3. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(1) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the Family Pension of the husband of the petitioner. (2) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take decision on the representation moved by the petitioner, contained as Annexure No.4 of the writ petition." 4. Learned counsel for the petitioner has stated that the husband of the petitioner died on 25.01.2023. Thereafter, the petitioner applied for family pension but no family pension has been given to her for the last more than two years, resultant thereof, she has been suffering irreparable loss and injury. 5. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, she may be permitted to prefer a fresh representation to the Competent Authority and direction may be issued him to consider and decide the said representation within a stipulated time. 6. Learned Additional Chief Standing Counsel has stated that he has no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time. 7. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the Competent Authority taking all pleas and grounds which are available with her annexing therewith copy of her earlier representation, if any, and the relevant documents in support of her claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of six weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 8. It is needless to say that since the present issue is relating to family pension to the widow, therefore, if there is no legal impediment and the petitioner has completed all the required formalities, the payment of the family pension shall be given to the petitioner within the aforesaid stipulated time and she shall also be paid arrears of family pension. If the aforesaid payment is not given to the petitioner within the aforesaid stipulated time without having any legal impediment, the petitioner would be entitled for interest on the delayed payment. 9. In view of the aforesaid terms, the instant writ petition is disposed of finally. . [Rajesh Singh Chauhan,J.] Order Date :- 9.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench