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2025 DAILYLAW 153846 (ALL)

RAJANI DEVI v. STATE OF U.P. THRU. PRIN. SECY. GRAM VIKAS LKO AND 5 OTHERS

WRIA/8268/2025 · 2025-07-31

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44482 Court No. - 5 Case :- WRIT - A No. - 8268 of 2025 Petitioner :- Rajani Devi Respondent :- State Of U.P. Thru. Prin. Secy. Gram Vikas Lko And 5 Others Counsel for Petitioner :- Suresh Chandra Pandey Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Supplementary affidavit filed today in Court by the learned counsel for the petitioner be kept on record. Impleadment application has also been filed today in Court by the learned counsel for the petitioner be also kept on record. By means of the impleadment application, the learned counsel for the petitioner has prayed for impleading the Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow as respondent no. 7 in the array of parties to which Sri Akhilesh Pratap Singh, Advocate who has accepted the notice on behalf of the Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow submits that he does not intend to file any objection to the impleadment application. Accordingly, the impleadment application is allowed. Let the Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow be impleaded as respondent no. 7 in the array of parties in the writ petition during the course of the day. The notice on behalf of the respondents no. 2 & 4 has also been accepted in Court by the learned Chief Standing counsel who defendent by the employer i.e the respondent no. 2. Heard learned counsel for the petitioner, Dr. Uday Veer Singh, learned counsel appearing on behalf of the respondents no. 1 to 6 and Sri Akhilesh Pratap Singh, learned counsel appearing on behalf of the respondent no. 7. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. A widow of an employee of Mahatma Gandhi National Rural Employment Guarantee Act (hereinafter referred to as "MGNREGA") at Vikas Khand, Pasgawan, Kheri is before this Court claiming the benefit of Provident Fund, pension and other financial benefits as due to her on account of death of her husband who was working as a Gram Rozgar Sewak and who died in harness on 27.11.2023. Sri Akhilesh Pratap Singh, learned counsel appearing on behalf of the respondent no. 7 states that the provident fund, pension and the link insurance is to be paid by the respondent no. 7 and for which purpose the petitioner has to fill in the requisite claim forms. Sri Akhilesh Pratap Singh, learned counsel for the respondent no. 7 further contends that the aforesaid claim form shall be filled in by the petitioner and duly verified by the employer i.e the respondent no. 2- Commissioner Village Development Department MGNREGA Cell 21, Lucknow. Dr. Uday Veer Singh, learned Additional Chief Standing counsel states that the records of the petitioner's husband would be maintained by the Block Development Officer and in this case would be maintained by the respondent no. 7 i.e Block Development Officer, Pasagawan Khiri, Uttar Pradesh and he could make available the form provided the petitioner approaches the respondent no. 6 in this regard. Considering the aforesaid, the instant writ petition is disposed of. It is provided that the petitioner shall approach the respondent no. 6 i.e i.e Block Development Officer, Pasagawan Khiri, Uttar Pradesh on 12.08.2025 at 1100 AM. The requisite form shall be made available to the petitioner by the respondent no. 6 in accordance with the relevant rules. Upon the form being made available and being verified, the petitionr shall apply to the respondent no. 7 i.e Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, Vibhuti Khand, Gomti Nagar for the release of the dues as admissible to her which would be released in accordance with law within a period of next six weeks of the said form being made available. Dr. Uday Veer Singh, learned Additional Chief Standing counsel shall inform about this order to the respondent no. 6. Order Date :- 31.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench