Neutral Citation No. - 2025:AHC:74926 Court No. - 6 Case :- WRIT - A No. - 13192 of 2008 Petitioner :- Km. Rana Kashim Respondent :- Union Of India Thru Secretary And Others Counsel for Petitioner :- Sushil Kumar Sharma,Abrar Ahmad Siddiqui,Sikandar Raza Counsel for Respondent :- C.S.C.,A.S.G.I.2008/501,Arvind Kumar Goswami Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition is pending since 2008. This Court has passed following order on 10.03.2008 :- "Learned standing counsel for respondent nos.3, 4, 5 and 6 shall file counter affidavit within four weeks. Issue notice to respondent No.2 by Registered Post A/D. Steps to be taken within a week. List for admission after expiry of four weeks', by which time the said respondent may file counter affidavit. Till the next date of listing, the effect and operation of the impugned order dated 6.11.2007, passed by respondent no.2, shall remain stayed." 2. According to office report dated 15.04.2008, learned counsel for petitioner has not taken steps to issue notice to respondent No.2 and thereafter present writ petition was dismissed for want of prosecution on 08.01.2013, which was restored by an order dated 10.08.2023 i.e. after 10 years. 3. Learned counsel for petitioner submits that claim of petitioner for family pension kept pending mainly as to whether it would be granted by the Cantonment Board or by the State. It is not much under dispute that school was run by Cantonment Board, Shahjahanpur. 4. Father of petitioner died on 02.08.1990. It is a case of petitioner that thereafter she has submitted a representation for family pension and when it was not heard, she approached this Court by way of filing writ petition No. 44309 of 2006, which was disposed of by an order dated 19.08.2006, that matter be considered by concerned respondent. 5. In pursuance of above, the Secretary, Uttar Pradesh Basic Shiksha Parishad passed an order dated 16.11.2007, rejecting the claim of petitioner on ground that concerned school was never given grant-in-aid by State. Father of petitioner has worked at the school run by Cantonment Board and got retired way back in the year 1975 and he died on 02.08.1990. 6. In the present case, there is no averment in writ petition that petitioner's father has agitated his case, when he was working or after his retirement for about 15 years, when he died on 02.08.1990 even thereafter her daughter i.e. petitioner remained lethargic and has approached this Court earlier in the year 2006 i.e. after 16 years of death of her father. 7. As referred above earlier writ petition was disposed of to decide the claim of petitioner. 8. The reason assigned in impugned order that school was run by Cantonment Board and it was never accorded grant-in-aid has not much disputed, therefore, the State has no responsibility to give pension or family pension, 9. Reference is made of a letter dated 29, October 1992 submitted by Adhishashi Adhikari, Chhavani Board, Shahjahanpur that a teacher if retired before May, 1976 his pension will be given by Education Department, whereas who retired after May, 1976, responsibility of pension will be on Cantonment Board, however, it is not on record whether it was implemented or not as well as it was accepted by the State or not. 10. In the aforesaid circumstances, there is no document which could support the claim of petitioner and there is no illegality in declining claim of petitioner by State, therefore, without interfering with impugned order, this writ petition is disposed of that petitioner will still have a liberty to approach the Cantonment Board and a factor that father of the petitioner has never claimed pension during his lifetime will also be a point of consideration while taking decision. Order Date :- 8.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad