Dismissed

Dileep Kumar v. U.P. State Electricity Board Lko. Thru. Its Chairman Shankti Bhawan Lko. and 3 Others

Allahabad HC8 Jun 2022/3753/2022

Case brief

AI extract

What is this about?

This writ petition challenged the denial of family pension to the petitioner's father. The petitioner, aged 56, sought pension as the sole heir after his mother's death. The court rejected the claim based on internal guidelines limiting family pension to children under 25 years, dismissing the petition as lacking merit.

What the court decided

AI extract

Dileep Kumar Vs U.P. State Electricity… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 7

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Case :- WRIT - A No. - 3753 of 2022

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Petitioner :- Dileep Kumar Respondent :- U.P. State Electricity Board Lko. Thru. Its Chairman Shankti Bhawan Lko. And 3 Others Counsel for Petitioner :- Hom Narayan Awasthi Counsel for Respondent :- Neera Yadav

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Hom Narayan Awasthi, learned counsel for the petitioner and Ms. Neera Yadav, learned counsel for the opposite parties.

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This writ petition has been filed inter-alia pleading that the father of the petitioner was working on the post of Workshop Incharge at Electricity Distribution Division, Bahraich and he died on 15.08.2007 after his retirement. After death of the petitioner's father, his mother was being paid family pension but she also died on 30.11.2016. The petitioner has stated that he is suffering from 40% disability. He has moved an application for release of family pension stating that he has no other source of earning livelihood.

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By the instant writ petition, he has prayed for issuance of direction commanding the opposite parties to consider and make payment of family pension to the petitioner forthwith alongwith arrears after the death of his mother.

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Opposing the aforesaid prayer made in the writ petition, Ms. Neera Yadav, learned counsel for the opposite parties has stated that as per a Circular dated 16.05.2015 issued by the U.P.P.C.L. after relying upon a Government Order dated 01-01-2006 family pension is admissible to son or daughter of a deceased employee only till he or she attains the age of 25 years. The petitioner is 56 years of age, and therefore, as per the aforesaid Government Order and the order issued by the U.P.P.C.L. in furtherance thereof, he is not entitled to be paid family pension.

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Keeping in view the aforesaid submission, the instant writ petition lacks merit and is accordingly dismissed .

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Order Date :- 8.6.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.06.09 15:11:48 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Dileep Kumar v. U.P. State Electricity Board Lko. Thru. Its Chairman Shankti Bhawan Lko. and 3 Others

Case brief

What is this about?

What the court decided

Dileep Kumar v. U.P. State Electricity Board Lko. Thru. Its Chairman Shankti Bhawan Lko. and 3 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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