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2025 DAILYLAW 14220 (ALL)

SMT. MUNNI DEVI GUPTA v. STATE OF U P AND 4 OTHERS

WRIA/7012/2022 · 2025-02-17

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23229 Court No. - 5 Case :- WRIT - A No. - 7012 of 2022 Petitioner :- Smt. Munni Devi Gupta Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Jitendra Kumar,Prasoon Tomar Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. Heard Shri Jitendra Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondent-State. The petitioner's claim for family pension has been declined by the impugned order dated 22.12.2021 passed by the respondent No.4. The identity of the petitioner and her right to family pension could not be made out before the competent authority. The name of the petitioner was not recorded in the service records of the deceased-employee. Consequently the identity of the petitioner as widow of the deceased- employee has to be established before a competent court of law prior to processing the claim for family pension. The succession certificate may not be required for grant of family pension. The identity of the petitioner as the wife of the deceased-employee can only be determined after examination of evidence by the competent trial court. In case appropriate proceedings are taken out before the competent court for this relief, the competent court shall ensure that the suit proceeds on a day to day basis and the same is decided preferably within a period of two years from the date of receipt of a certified copy of this order and presentation of the plaint. With the aforesaid direction, the writ petition is finally disposed of. Order Date :- 18.2.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad