2025:UHC:3864-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. MANOJ KUMAR TIWARI, J. HON’BLE MR. ASHISH NAITHANI, J WRIT PETITION (S/B)_No.264 of 2016 Poonam Tripathi …Petitioner Versus State of Uttarakhand & others …Respondents With WRIT PETITION (S/B)_No.263 of 2016 Aruna Mall …Petitioner Versus State of Uttarakhand & others …Respondents Counsel for the petitioner Counsel for State/1 and 4 Counsel for respondent nos.2 and 3 : None present Mr. P.S. Bisht, learned DAG. Mr. Rajendra Dobhal, learned senior counsel assisted by Mr. Suryakant Maithani, learned counsel. JUDGMENT : (PER HON’BLE MR. MANOJ KUMAR TIWARI. J) Since common question of law and facts are involved in these writ petitions, therefore, they are being heard and decided together. However, for the sake of brevity, facts of Writ Petition (S/B) No.264 of 2016 alone are being considered and discussed. 2. Petitioner has challenged Government Order dated 16.04.1981, issued by Finance Department, Government of Uttar Pradesh, wherein it is provided that a person who is appointed in State/Central Government or in an undertaking owned and controlled by Central or State 1 2025:UHC:3864-DB Government will not get dearness allowance on family pension. 3. It is not in dispute that petitioner’s husband was employed as Professor in G.B. Pant University of Agriculture and Technology, who died in harness. Petitioner was thereafter given compassionate appointment on the post of Junior Assistant in the University vide order dated 22.09.2012. According to petitioner, she was being paid the dearness allowance on family pension till she was appointed as Junior Assistant on compassionate ground, however, upon her appointment as Junior Assistant, the payment of dearness allowance was stopped. Thus feeling aggrieved, she had approached this Court challenging the Government Order dated 16.04.1981. 4. On the last date of hearing, learned State Counsel sought time to get instructions in the matter. 5. Today, learned State Counsel submits that Principal Secretary, Finance Department, Govt. of Uttarakhand, has issued a Govt. Order dated 19.06.2017 and in para 4 thereof, it is provided that such family pensioners, who are employed under the State or in Corporations/Undertakings owned by the State, shall get dearness relief on family pension, in addition to dearness allowance on the salary payable to them. 2 2025:UHC:3864-DB 6. In such view of the matter, we dispose of the writ petitions by taking the statement made by learned State Counsel on record. MANOJ KUMAR TIWARI. J. ASHISH NAITHANI, J. Dt:19th May, 2025 NR/ 3