Petitioner, husbandless employee of Cement Corporation died; family claimed unpaid pension. Court directed State to file fresh representation and decide claim within two months. Writ petition disposed.
Petitioner directed to file fresh representation; respondent to decide claim within two months.
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Court No. - 21 Case :- WRIT - A No. - 21625 of 2022 Petitioner :- Smt. Naina Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Srivastava,Priyanka Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for petitioner and learned Standing Counsel for the State-respondents.
It is submitted by learned counsel for petitioner that the husband of petitioner was an employee of Cement Corporation, Churk, Dala, District Sonbhadra, who died on 26.7.2006. However, the pension and other benefits have not been paid. Learned counsel for petitioner submits that earlier the husband of petitioner had filed a writ petition wherein directions were issued for considering the claim of petitioner for pensionary benefits. The aforesaid order was challenged by the State by filing special appeal. However the same was dismissed by order dated 11.9.2014. It is further submitted by learned counsel for petitioner that the State thereafter has filed Special Leave Petition and the same has also been rejected. Thereafter the husband of petitioner has died. Some amount has been released by the respondent to the petitioner in respect of retiral benefits, however, entire claim has not been disbursed and as such, petitioner has filed a representation, but till date, no order has been passed.
Learned Standing Counsel submits that the claim of the petitioner shall be considered in accordance with law in a time bound manner.
Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the petitioner shall file fresh representation before the respondent No.2 within a period of 15 days from today along with a certified copy of this order. In case such representation is filed, the same shall be considered and decided by the respondent No.2 in accordance with law, within a further period of two months from the date of production of a certified copy of this order.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 3.1.2023/D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
Smt. Naina Devi
State Of U.P.
3 Others
Vikram D. Chauhan
As recorded by the court registry
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