In a writ petition for family pension, the court directed the respondent to reconsider the petitioner's representation in light of her husband's remarriage and dispose of it within two months.
Direction to respondent no.3 to dispose of the petitioner's representation for family pension within two months, considering her husband's remarriage.
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Court No. - 37
Case :- WRIT - A No. - 3460 of 2022
Petitioner :- Geeta Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Srivastava Iii,Ashutosh Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner and learned standing counsel for the State-respondents.
Petitioner's father died on 05.04.2021. She has filed this writ petition with a prayer that family pension be paid.
From the record, it appears that petitioner is a married daughter of the deceased. She was married to one Gopal. Further from the record, it is evident that the husband of the petitioner had remarried with one Ramrati. This is also evident from the family register of the petitioner's husband. The petitioner has, therefore, tried to establish that she is an abandoned wife and therefore she should be given family pension, which is payable after the death of her father. In this regard she has filed a representation before the respondent no.3, Chief Medical Officer, Kaushambi on 26.07.2021 by registered post.
Without going into the merits of the case a direction is being issued to the respondent no.3, Chief Medical Officer, Kaushambi to decide the representation dated 26.07.2021 of the petitioner in accordance with law. While deciding the representation the respondent no.3 may also take into consideration the fact that the petitioner's husband had remarried Ramrati. The entire exercise shall be completed within a period of two months from the date a certified copy of this order is received by respondent no.3.
The writ petition is accordingly disposed of.
Order Date :- 12.4.2022
Asha
Digitally signed by ASHA Date: 2022.04.20 10:45:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether family pension should be granted to a married daughter whose father died after her husband's remarriage.
Geeta Devi
State Of U.P.
Chief Medical Officer, Kaushambi
Siddhartha Varma
As recorded by the court registry
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