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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 18967 of 2019 Court No. - 33 HON'BLE DONADI RAMESH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed by the petitioner questioning the order dated 29.08.2019 passed by the Joint Director of Education, Bareilly. 3. Grievance of the petitioner is that she is second wife of the deceased employee Saeed Hussain Khan. During his services, he married Farhan Jahan and her name as nominee was entered into service records but she died on 09.09.2010. Subsequently, the deceased employee Saeed Hussain Khan married the petitioner - Khush Naseeb Bano on 12.01.2014 as per Sunni Muslim Customs and Nikahnama was also executed. Therefore, the deceased employee has submitted an application on 29.06.2015 for change of nomination. The said application was forwarded to the authorities just before leaving to Mucca, Saudi Arab. The deceased employee died on 14.07.2015 in Madina, Saudi Arab. Hence, as per the Government Order dated 25.06.1991, the employee, if marries someone, after retirement his wife would also be entitled for family pension. 4. Considering the same, this Court disposed of Writ-A No.8934 of 2019 on 28.05.2019 directing the authorities to consider the case of the petitioner as per the Government Order dated 25.06.1991 and pass appropriate orders in accordance with law. 5. But surprisingly, the respondents rejected the case of the petitioner only on the ground that though marriage took place on 12.01.2014 but the Versus Counsel for Petitioner(s) : Amar Nath Tiwari, Mohammad Abid Ali, Shahid Ali Siddiqui Counsel for Respondent(s) : C.S.C. Khush Naseeb Bano .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
application was made for change of nomination only on 29.06.2015 i.e. after more than 18 months, that too just prior to 15 days from the demise of the deceased employee. Further, the respondents also stated that along with application, the petitioner has not placed the registered Nikahnama on record. Hence, the respondents rejected the claim of the petitioner. 6. Considering the submissions made and on perusal of the orders passed by this Court in Writ-A No.8934 of 2019, the petitioner's case comes within purview of the Government Order dated 25.06.1991. Therefore, the order dated 29.08.2019 passed by the Joint Director of Education, Bareilly is set aside.
If at all, the respondents have any doubt about marriage, the respondents may conduct inquiry with regard to the same and if it is proved that marriage has taken place, the respondents are directed to release the family pension to the petitioner as per the the Government Order dated
25.06.1991. This exercise should be completed within two months from the date of receipt of the copy of this order. 7. Accordingly, the present writ petition is disposed of. October 7, 2025 rkg WRIA No. 18967 of 2019 2 (Donadi Ramesh,J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad