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2025 DAILYLAW 71505 (ALL)

SMT. FIRDOS FATMA v. STATE OF U.P. AND 2 OTHERS

WRIA/9435/2025 · 2025-07-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112585 Court No. - 52 Case :- WRIT - A No. - 9435 of 2025 Petitioner :- Smt. Firdos Fatma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Gautam Counsel for Respondent :- Bhupesh Pratap Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Manoj Kumar Gautam, learned counsel for the petitioner, learned Standing Counsel for the State, and Sri Bhupesh Pratap Singh,learned counsel appearing for respondent nos. 2 & 3. The petitioner has preferred instant writ petition for a direction upon respondent no. 3 - District Basic Education Officer, Bijnor to consider legal and factual aspects of the matter regarding payment of family pension to the petitioner and to pay full insurance amount to the petitioner due to death of her husband and further to release the gratuity which was payable to her husband with interest to pay pension, provident fund and other retiral benefits on the basis of her deceased husband's service benefits with interest at the rate of 24%. Further, prayer has been made for a direction upon the respondent no. 3 to decide representation of dated 10.09.2024. Learned counsel for the petitioner submit that petitioner's husband Late Anjarul Haq was working as a Head Master in Primary School, Mohd. Ali Pur Enayat, Tehsil Dhampur, District Bijnor. He passed away during his service period on 16.08.2024. However, despite several representations moved by the petitioner, payment of family pension, provident fund etc. has not been made to her, which has led to survive in distress and pitiable conditions, whereas she is the legal dependent of her late husband. Learned counsel for the State-respondents could not dispute the aforesaid fact and submits that in case petitioner moves fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may make fresh application/representation, ventilating all grievances, supported by such documents, as may be advised, before the respondent no.3, District Basic Education Officer, Bijnor within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.2 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 14.7.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad