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2025 DAILYLAW 139732 (ALL)

SAROJ CHAND v. DIRECTOR PENSION DIRECTORATE U.P. LKO. AND 2 OTHERS

WRIA/5244/2025 · 2025-05-14

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28021 Court No. - 18 Case :- WRIT - A No. - 5244 of 2025 Petitioner :- Saroj Chand Respondent :- Director Pension Directorate U.P. Lko. And 2 Others Counsel for Petitioner :- Shashi Kant Mishra,Saumya Kaushik 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 3. By this petition, the petitioner has prayed for the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to accord family pension to the petitioner on the death of her father Shesh Bahadur Chandra Kaushik within stipulated time prescribed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay arrears of family pension payable to the petitioner with interest forthwith." Learned standing counsel, on the basis of written instructions which are taken on record, has disputed the contents of the writ petition. It is submitted that late father of petitioner retired on 30.06.1991. No representation dated 05.05.2020 as alleged in the writ petition has been given to respondent No.3. The averment made in paragraph 8 of the writ petition that another representation dated 10.02.2023 was given is also denied in fact, the petitioner has not applied in the office of the respondents. It is further submitted that the petitioner has claimed family pension on the ground that she is unmarried whereas as per the written instructions as well as the annexures therein, it is submitted that petitioner is married and she is not entitled for family pension as per the relevant Government Order dated 03.12.2012 thus, after due consideration to the disputed questions of fact involved in this petition, this Court is not inclined to entertain this petition. Accordingly, the petition is dismissed on account of disputed questions of facts however, it shall be open for the petitioner to take appropriate course as per law. Order Date :- 14.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench