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2025 DAILYLAW 177846 (ALL)

SMT. RATNA NAGAR v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO.AND 3 OTHERS

/13100/2025 · 2025-12-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13100 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the respondent/ opposite party no. 1 and Shri Sharad Dwivedi, learned counsel for respondent no.4. 2. By means of this petition, the petitioner has prayed for the following main relief:- "(i) issue a writ, order or direction, in the nature of mandamus, commanding opposite parties to make payment of Family Pension to the petitioner for the period from 18* May, 2005 to the actual dare payment of arrears of Family Pension, as per prevailing rules, for which she is legally entitled, alongwith the other benefits, and the interest 9% due thereupon, in the interest of justice. (ii) issue a writ, order or direction, in the nature of mandamus commanding the opposite parties, to make payment of arrears of Family pension for the period of From 181 May, 1995 up till date, as per prevailing rules alongwith 9% interest, due thereupon, after deducting Rupees 43,157.00, which has been paid to her on 13.10.2009, which has been paid only as part payment of the Family Pension to the petitioner on 13.10.2009, for the period 08 18.5.1995 to 17.05.2005. (iii) issue a writ, order or direction, in the nature of mandamus commanding the opposite parties to regularly pay the Family Pension in future as well as and when it becomes due in each month, as per rules (iv) To award the Cost of the petition as well as compensation, for suffering mental Versus Counsel for Petitioner(s) : Avinash Kumar Srivastava Counsel for Respondent(s) : C.S.C., Sharad Dwivedi Smt. Ratna Nagar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Lko.And 3 Others .....Respondent(s) pain and agony,by the petitioner, an account of non payment of Family pension for such a long period in the interest of Justice. (v) To pass any other appropriate order, or direction which this Hon'ble Court may deem fit and proper in the interest of justice." 3. Learned counsel for the petitioner has submitted that the husband of the petitioner had died on 17.05.1995 but the family pension has not yet been paid and in lump-sum amount, Rs.45,000/- in odd has been paid to her. He has submitted that the respondent no.2-Director, Local Bodies may be directed to take a decision on the payment of family pension as well as the other dues if any, payable to the petitioner including the interest part within the time frame prescribed by this Court. 4. Learned Standing Counsel as well as learned counsel for the respondent no.4 has no objection to the aforesaid prayer. 5. Be that as it may, without entering into merits of the issue, I hereby dispose off this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation before the respondent no.2- Director, Local Bodies ventilating her grievance taking all pleas and grounds which are available with her enclosing therewith the copy of her earlier representation, if any, which are necessary for disposal of the representation within a period of ten days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a further period of six weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner, forthwith. December 15, 2025 V. Sinha WRIA No. 13100 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench