Neutral Citation No. - 2025:AHC:133654 Court No. - 32 Case :- WRIT - A No. - 6256 of 2025 Petitioner :- Kiran Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adya Prasad Tewari,Pradeep Kumar Pal Counsel for Respondent :- Avneesh Tripathi,C.S.C. Hon'ble Chandra Dhari Singh,J. 1. Instruction dated 21.05.2025 placed before the Court by the learned counsel appearing on behalf of the respondent no.4, is taken on record. 2. The instant writ petition has been filed with the following prayer:- "i. Issue a writ, order or direction in the nature of mandamus commanding the Respondent University to ensure the payment of family pension to the petitioner after obtaining necessary permission from the State Government and the Director, Directorate Pension may also be mandated to ensure the payment of family pension to the petitioner after taking necessary approval accorded by the State Government to be furnished by Respondent University. " 3. Mr. Avneesh Tripathi, learned counsel appearing on behalf of the respondent no.4 submitted that he has received the instructions dated 21.05.2025 in pursuance of the earlier order dated 15.07.2025 and as per the instructions, he submitted that the petitioner is not entitled for the family pension as per the Government order dated 07.04.2022, which is appended as Annexure No.3 with the paper book. 4. Mr. Tripathi, learned counsel appearing on behalf of the respondent no.4 submitted that he has relied upon the averments made in paragraph-2 of the said Government Order and submitted that as per the said paragraph, if any person divorced or became widow after the death of the father or mother, then the person is not entitled for the benefit of the family pension. It is further submitted that the petitioner filed a divorce decree after the death of her father and, therefore, she is not entitled for the family pension. 5. At this juncture, learned counsel appearing on behalf of the petitioner vehemently opposed the submissions made by the learned counsel appearing on behalf of the respondent no.4 and submitted that the petitioner filed the divorce petition before the death of her father, which is stated in averments made in paragraph-10 of the writ petition. It is submitted that the divorce petition was filed in the year, 2018 and the same has been renumbered in the year, 2021. He has also referred the averments made in paragraph-4 of the said Government Order dated 07.04.2022, whereby it is stated that if the applicant has moved a petition for divorce prior to the death of the father or mother and divorce decree has been issued after the death of the father or mother, her entitlement was made accounted from the filing of the said petition. It is further submitted that taking into consideration of the averments made in paragraph- 4 of the said Government Order, the petitioner is entitled for consideration of the family pension. 6. At this point of time, learned counsel appearing on behalf of the respondent no.4 submitted that the petitioner may be directed to approach the respondent no.4, Har Court Butler Technical University Kanpur through its Registrar by way of filing a representation/application alongwith documents/petition of the divorce filed before the Family Court and the respondent no.4 may consider the representation/ application of the petitioner, in accordance with law, after taking into consideration of the divorce petition filed by the petitioner in the Family Court. 7. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has no objection to represent her case alongwith the copy of the divorce petition before the respondent no.4 8. Taking into consideration of the submissions made by learned counsel for the parties, I am inclined to allow the prayer of the petitioner to approach the respondent no.4 by way of filing a detailed representation alongwith the copy of the petition of the divorce filed before the Family Court. The petitioner is directed to file a detailed representation alongwith the relevant documents/ the copy of the petition of divorce before the respondent no.4, Har Court Butler Technical University Kanpur through its Registrar within two weeks from today. After receiving of the said representation, the respondent no.4 is directed to decide the same by passing a reasoned order, in accordance with law, after taking into consideration the paragraph- 4 of the Government Order dated 07.04.2022 and the divorce petition filed by the petitioner before the Family Court, expeditiously, preferably within a period of six weeks from the date of receiving the said representation. 9. With the aforesaid directions/ observations, the present writ petition is disposed of. Order Date :- 7.8.2025 Radhika (Chandra Dhari Singh, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad