Petitioner, husband of a deceased police constable, challenged non-disbursement of family pension. Court directed the respondent to consider the claim and decide within three months. No other consequential relief was granted.
Direction to respondent No. 3 to consider petitioner's claim for family pension and decide within three months.
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Court No. - 58
Case :- WRIT - A No. - 5185 of 2018
Petitioner :- Parvati Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Syed Riyaz Askari,Vibhu Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
It is stated that petitioner's husband, who was a Constable in Police Department, died on 29.06.2015. It is asserted that his first wife died on 26.09.1998; wereafter, the petitioner's marriage was solemnized on 28.06.2001. According to petitioner, she is the nominee in the service records for receiving all benefits, admissible to the heir of the deceased employee. Submission is that though various representations have been made, but petitioner's claim has not been processed for release of family pension, etc. Since various representations have not been considered; hence, the petitioner has filed the present writ petition.
While entertaining this petition on 08.04.2018, this Court had allowed time to the learned standing counsel to file a counter affidavit.
Considering the nature of order, proposed to be passed, no further time is liable to be allowed to the respondents.
In the facts and circumstances of the case, noticed above, this petition stands disposed of with a direction upon the respondent no. 3 to accord consideration to petitioner's claim for release of family pension, in accordance with law. In case claim has been raised by any other person, the same shall also be examined and an appropriate decision would be taken within a period of three months from the date of presentation of certified copy of this order.
All consequential action shall be taken, accordingly.
Order Date :- 11.7.2018 Amit Mishra
2 issues framed by the court
Whether the petitioner is entitled to family pension as the surviving nominee of the deceased employee.
Whether the claim raised by the petitioner requires consideration by the respondent within a specified timeframe.
Parvati
State Of Up
Respondent No. 2
Respondent No. 3
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
