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2025 DAILYLAW 27536 (ALL)

SMT. MAYA DEVI v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIA/3031/2025 · 2025-03-10

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35230 Court No. - 4 Case :- WRIT - A No. - 3031 of 2025 Petitioner :- Smt. Maya Devi Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Arvind Kumar Pandey,H.K Asthana Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner seeks a direction to the competent authority in the matter for disposal of her claim for family pension. It is admitted to the petitioner that she is the second wife of late Sri Dalchand. 3. Learned Standing Counsel for the State has drawn the attention of the Court to Annexure-3 of the petition wherein an enquiry has been directed in the matter of the claim of the petitioner at the end of the Assistant Accounts Officer in the office of the Finance Controller, U.P. Police Headquarter, Lucknow. However, he submits that the decision is yet to be taken in the matter on account of pending enquiry. 4. From the perusal of the document it transpires that this letter of enquiry came to be issued on 02.05.2023 and if the enquiry report is not submitted on the point enumerated in the letter then it amounts to a dereliction of duty on the part of the concerned respondent. The claim for family pension cannot be deferred indefinitely to the disadvantage of the claimant. 5. In the circumstances, this petition stands disposed of with direction to the respondent no.4 namely, Superintendent of Police, Firozabad to get the enquiry held in the matter pursuant to the letter issued to him from the office of the Finance Controller, U.P. Police Headquarter, Lucknow dated 02.05.2023, if not already considered and get the report qua the same within a maximum period of one month of production of certified copy of this order. Soon after getting the enquiry report the respondent shall ensure appropriate decision is taken in the matter within the next one months' time. 6. Needless to add order to be passed shall be reasoned and speaking one. 7. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 11.3.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad