Neutral Citation No. - 2025:AHC:109603 Court No. - 5 Case :- WRIT - A No. - 597 of 2025 Petitioner :- Kamalakant Tiwari Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Anoop Kumar Mishra Counsel for Respondent :- Adarsh Bhushan,Abhishek Srivastava,C.S.C.,Udit Chandra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Anoop Kumar Mishra, learned counsel for the petitioner, Sri Abhishek Srivastava, learned counsel for the respondent nos.2 and 3 and Sri Adarsh Bhushan, learned counsel for the respondent nos.4 to 6. 2. In the present case, petitioner has not come up with all the facts required to be mentioned which are though supplemented by supplementary affidavit. 3. In order to claim family pension on the basis of disability occurred in a very later part of petitioner's life at the age of 49 years, petitioner ought to have disclosed it in a very specific manner about his livelihood at least when he became major, till he attained disability, but the same is not on record. Petitioner is a married person and has 5 children probably who are major as well as presently he is about 62 years, therefore, Court is not entering into the merits of the case as to whether petitioner is strictly liable to receive family pension or not. 4. In the above background, Court takes note of arguments of learned counsel for the petitioner that while rejecting the claim of petitioner, reliance ought to have been placed on circular dated 6.8.1981. However, from contents of subsequent circular dated 12.11.1997, it is clear that claim of the petitioner was not considered in regard to Circular dated 12.11.1997, except a reference of it was made in the impugned order, without referring the contents of it, therefore, Court is of the view that a chance be given to the petitioner to place his case afresh on facts as well as on law and in such circumstances, respondent no.2 will consider the case of the petitioner afresh taking note of above referred factual aspects as well contents of above referred two circulars. 5. Accordingly impugned orders dated 27.10.2023 and 7.11.2023 are set-aside and the matter is remanded to respondent no.2 to decide the matter afresh without being influenced by any of the observations made regarding merits of the case made in the present case so far as claim of the petitioner is concerned and petitioner will be at liberty to file a detail representation. 6. With the aforesaid direction, this writ petition is disposed of. Order Date :- 10.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad