SMT. REHANA BANO v. STATE OF U.P. THRU. PRIN. SECY. IRRIGATION WATER RESOURCES, LKO. AND 2 OTHERS
WRIA/10229/2025 · 2025-09-09
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161604 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161604 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10229 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. Heard learned counsel for petitioner, learned State Counsel for opposite parties. Petition has been filed challenging order dated 21.06.2025 whereby petitioner's application for grant of family pension on account of demise of her husband Late Jalil Ahmad has been rejected on the ground that her name does not find any mention as a nominee in the service book of her husband. It is submitted that petitioner's husband superannuated on 30.11.2012 and his first wife namely Smt Nazma Begum passed away on 02.11.2017 whereafter petitioner entered into marriage with Sri. Jalil Ahmad on
25.09.2018. He has adverted to the certificate of registration of marriage annexed as annexure no.4 to the writ petition issued on 30.03.2019. It is therefore submitted that it was on account of marriage being entered into between petitioner and her husband after his superannuation that her name does not find mention as a nominee. Learned State Counsel in rebuttal submits that family pension has not been made admissible to petitioner on account of the fact that her name does not find mention as a nominee in the service book. Upon consideration of submissions advanced by learned counsel for petitioner and perusal of material on record, it appears that the fact that the petitioner had entered into a registered marriage with the deceased Sri Jalil Ahmad on 25.09.2018 with the registration certificate also being issued on 13.03.2019 appears to have escape attention of the authority concerned. Versus Counsel for Petitioner(s) : Raj Kumar Upadhyaya (R.K.Upadhyaya), Pragati Singh Counsel for Respondent(s) : C.S.C. Smt. Rehana Bano .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Irrigation Water Resources, Lko. And 2 Others .....Respondent(s)
In view of aforesaid facts and circumstances, it is evident that since marriage was contracted after superannuation of Late Jalil Ahmad, the impugned order dated 25.06.2025 not adverting to the certificate of registration of marriage,the same is hereby quashed by issuance of a writ in the nature of certiorari granting liberty to the opposite party no.3 i.e. Superintending Engineer, Kendriya Sajja Evam Bhandar Apurti Mandal-2 Irrigation Department, Lucknow to pass orders afresh considering claim of petitioner in the light of marriage registration certificate dated
13.03.2019.
Final decision with regard to the same shall be taken within a period of six weeks from the date a certified copy of this order is produced before the authority concerned. Resultantly the petition succeeds and is allowed. Parties to bear their own cost. September 9, 2025 Shahnaz WRIA No. 10229 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench