Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49651 Court No. - 5 Case :- WRIT - A No. - 2448 of 2025 Petitioner :- Mina Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akanksha Gaur Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Ajay Bhanot,J. Heard Ms. Akanksha Gaur, learned counsel for the petitioner, Shri Pranjal Mehrotra, learned counsel for the respondent nos. 2 and 3 and Shri Manoj Kumar Srivastava, learned counsel for the respondent no. 4. The petitioner is the daughter of the deceased employee. She is a widow. The father of the petitioner died on
07.05.2005. The mother of the petitioner died on
22.09.2023. The claim of the petitioner for family pension has been declined by the impugned order dated 10.06.2024 on the footing that she was not nominated by her mother in the service documents. Nomination of dependants in the service documents is a factor for consideration for grant of pension. However in the face of a claim of a dependant the investigation has to be taken further. The authorities have to independently determine whether the claimant is daughter of the deceased employee and was dependant upon her. The impugned order neglects to consider the
aforesaid facts. Non application of mind to relevant facts vitiates the impugned order. In wake of the preceding discussion the impugned order dated 10.06.2024 are set aside. The matter is remitted to the respondent no. 4 with the following directions:
1. The respondent no. 4 shall examine the claim of the petitioner afresh without being influenced by the previous
order. The authority shall determine as to whether the petitioner is daughter of the deceased and was dependant on her.
2. The financial condition of the deceased employee shall also be evaluated for the purposes of processing the claim of the petitioner.
3. The exercise shall be completed within a period of three months from the date of receipt of a certified copy of this
order. The writ petition is allowed to the extent indicated above.
Order Date :- 7.4.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad