Partly allowed

Lalita Sharma v. State of U.P. and 4 Others

Allahabad HC9 Dec 2020WRIA/8309/2020

Case brief

AI extract

What is this about?

In this writ petition, the Court issued mandamus to respondent authorities directing them to conduct an enquiry to verify the petitioner's status as the mother of a deceased constable and determine her share in pensionary benefits after hearing all legal heirs.

What did the court decide?

Mandamus issued directing respondents to enquire into legal heirship, provide opportunity of hearing, and release petitioner's share of pensionary benefits from 01.11.2020.

Lalita Sharma Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2020)

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Court No. - 71

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Case :- WRIT - A No. - 8309 of 2020

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Petitioner :- Lalita Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohd. Shamim,Ambarish Chatterji Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J.

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Learned counsel for the petitioner is permitted to correct the description of petitioner in the array of parties.

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Heard Shri Ambarish Chatterji, learned counsel for the petitioner, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondent and Shri Raghvendra Tripathi, learned counsel for the respondent no.5.

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The present writ petition has been preferred by the petitioner seeking mandamus directing the respondent authorities to provide a share to the petitioner from the amount of P.F. Family Pension, Gratuity, Medical Expenses of the deceased son of petitioner namely Rajdeep Kumar Sharma.

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The matter was taken up on 08.10.2020 and the Court has proceeded to pass following order:-

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"Heard Sri Ambarish Chatterji, learned counsel assisted by Mohd. Shamim, learned counsel for the petitioner and Sri Arimardan Singh Rajput, learned counsel for the respondents.

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Petitioner claims to be the mother of the deceased constable Raj Deep Kumar Sharma. She is a legal heir of the deceased constable and is entitled to her share in various pensionary and other dues. Further deceased Raj Deep Kumar Sharma has only two legal heirs, the petitioner and his widow.

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Issue notice to the respondent no. 5 by registered post AD as well as by regular process returnable within four weeks. Steps be taken within two weeks.

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The respondents may file counter affidavit within four weeks.

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Put up 09.12.2020 as fresh.

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The respondents are commanded to execute the following directions:

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(i) The respondents shall enquire into the fact whether the petitioner is the mother of the deceased constable Raj Deep Kumar Sharma and also about the other legal heirs of the deceased employee. All concerned parties including his widow shall be given an opportunity of hearing before the determination is made.

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(ii) In case the petitioner and the widow of deceased constable Raj Deep Kumar Sharma are the only two legal heirs, the petitioner shall be entitled to 50 percent of the pension dues. In case of other heirs her entitlement will be the amount in proportion to the number of legal heirs.

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(iii) Subject to the findings of the enquiry as aforesaid the amount of pensionary benefits proportionate to the share of the petitioner as legal heir to the deceased shall be released from 01.11.2020 and as and when the pension becomes due."

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Learned Additional Chief Standing Counsel very fairly submits that somehow the final decision has yet not been taken in the matter and as such, some breathing time may be accorded.

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In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration.

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Mandamus is issued to the Senior Superintendent of Police Gorakhpur, respondent no.3 to take a final call in the matter pursuant to directions issued by this Court on 08.10.2020 within a period of two months from the date of production of copy of this order but certainly after providing proper opportunity of hearing to all the stake holders in the matter.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 9.12.2020 A. Pandey

Lalita Sharma v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Lalita Sharma v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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