Dismissed

Smt. Shahin Bi v. State of U P and 3 Others

Allahabad HC6 Jul 2018WRIA/10787/2018

Case brief

AI extract

What is this about?

This Single Judge Court dismissed a writ petition seeking family pension. The petitioner's husband was terminated from service on conviction and subsequently died. The court held the petitioner was not entitled to pension as the termination order had attained finality. Terminal dues were already paid.

What did the court decide?

Writ petition for family pension was dismissed; no further amount is liable.

Smt. Shahin Bi Vs State of U P and 3 Others — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 58 Case :- WRIT - A No. - 10787 of 2018 Petitioner :- Smt. Shahin Bi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Aktar Ahmed Siddiqui Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

¶3

While entertaining the writ petition, following orders were passed in the matter on 30.04.2018:

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"By means of the present petition, the petitioner is seeking a writ of mandamus commanding the respondent to decide the claim of the petitioner for grant of family pension.

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From the record it appears that the petitioner's husband was terminated on 20.08.2015 on account of conviction in a criminal case when the Government Appeal filed against the acquittal order was allowed by this Court on 30.05.2014. After termination he died on 11.08.2016. The petitioner is seeking benefit of promotional pay scale, A.C.P and other consequential benefits pertaining to retiral dues and terminal dues.

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Prima facie, it appears that the petitioner's husband being terminated from service, the petitioner is not entitled for any pensionary benefit. However, so far as the terminal dues, payable to the employee while in service, it would be appropriate that the learned Standing Counsel shall seek instruction.

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In view thereof, learned Standing Counsel appear for respondent nos.1 to 4 prays for and is granted two weeks time to seek instruction from the office of respondent no.2 namely the District Magistrate, Rampur. On the next date, the written instruction be placed before the Court.

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As prayed, put up this matter on 15.05.2018 in the additional cause list. "

¶9

Learned standing counsel, on the basis of instructions, states that entire terminal benefits, which were due and payable to the petitioner's husband, have already been paid.

¶10

As per instructions, a sum of Rs. 1,07,415/- was paid on 25.07.2016; while, amount, towards group insurance amounting to Rs. 38,776/-, has been paid on 27.04.2018. Instructions, furnished by the learned standing counsel, is taken on record.

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In view of the fact that petitioner's husband was already terminated, which order has attained finality, the petitioner would not be entitled to any pension. So far as terminal benefits are concerned, the same are shown to have been paid to the petitioner. In such circumstances, no further amount is liable to be disbursed to the petitioner.

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The writ petition is dismissed.

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Order Date :- 6.7.2018/Amit Mishra

Smt. Shahin Bi v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Shahin Bi v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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