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2025 DAILYLAW 86174 (ALL)

MEGHA MITTAL v. STATE OF UP AND 2 OTHERS

WRIA/12233/2025 · 2025-08-22

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145621 Court No. - 5 Case :- WRIT - A No. - 12233 of 2025 Petitioner :- Megha Mittal Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajeet Kumar Yadav Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Ajeet Kumar Yadav, learned counsel for the petitioner and Sri R.A. Agarwal, learned counsel for the respondents. 2. It is not under dispute that in the present case, father of petitioner died in harness on 27.7.2007 and thereafter petitioner was granted appointment on 14.9.2012 under Dying-in- Harness Rules. 3. It may be a case that petitioner's mother did not get family pension, if legally permissible and for that admittedly she has not approached this Court as well as she has not aggressively pressed her claim and she died on 10.12.2017, therefore, claim now set up by petitioner after about 8 years that family pension due to her mother be granted to her being her daughter has no legal basis since petitioner was not dependent on her mother as well as her mother has also not taken any effective steps to pursue her claim if any, regarding family pension during her lifetime, therefore, claim set-up at the behest of petitioner is not legally sustainable. 4. Writ Petition is accordingly dismissed. Order Date :- 23.8.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad