RIHANA SALIMI v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/10975/2025 · 2025-08-03
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81766 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81766 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:130858 Court No. - 52 Case :- WRIT - A No. - 10975 of 2025 Petitioner :- Rihana Salimi Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Aditya Kant Sharma Counsel for Respondent :- Ashish Kumar Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Aditya Kant Sharma, learned counsel for the petitioner, Mr. Ashish Kumar Singh, learned counsel for respondent-BSA and learned Standing Counsel for the State-respondents. The writ petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 & 3 not to recover Rs.5,30,445/- allegedly overpaid to the petitioner as an enhanced family pension, currently being deducted Rs.10,000/- per month from the family pension of the widow of the deceased employee. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 & 3 not to further deduct any amount from the family pension of the deceased employee and further to refund the amount already recovered from the family pension of the deceased employee."
Learned counsel for the petitioner submits that the husband of petitioner died on 17.04.2011, thereafter, the petitioner was being given family pension of nearly Rs.27,000/-. He further submits that Rs.10,000/- is being deducted from the family pension without giving notice to the petitioner, which is arbitrary, illegal and bad in the eyes of law. The order impugned has not been served upon the petitioner. Mr. Ashish Kumar Singh, learned counsel for the respondent-BSA could not dispute the aforesaid fact, however, submits that fresh
order will be passed, in case a fresh representation is given by the petitioner before the authority concerned. Considering the facts and circumstance 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 her grievances, supported by such documents, as may be advised, before the respondent no.2 District Basic Education Officer, Agra, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.2 shall take decision and pass appropriate orders, 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. No recovery shall be made from the petitioner until a decision is taken on the representation of the petitioner by respondent No.2.
Order Date :- 4.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad