Disposed¶14

Smt.Usha Dwivedi v. State of U.P. and 3 Others

Allahabad HC11 May 2023WRIA/8217/2023

Case brief

AI extract

What is this about?

Allahabad High Court; WRIT - A No. 8217 of 2023; family pension revision benefits denied to widow pensioner; husband died 2018 while serving as Clerk, Settlement Officer (Consolidation), Fatehpur; direction to competent authority to redress grievance; liberty to file fresh representation; decision on representation within six weeks of certified copy; RTI application dated 3.2.2023 unanswered; writ disposed of; Manjive Shukla, J.; 2023:AHC:103181.

What did the court decide?

Writ petition finally disposed of with liberty to the petitioner to submit a fresh representation before the Settlement Officer (Consolidation), Fatehpur within a week; the said officer to consider the representation and pass necessary order within six weeks from production of certified copy of the order. ¶14

Smt.Usha Dwivedi Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a widow who is being paid family pension after her husband's death, is entitled to the benefits of the different revisions made in family pension, i.e., whether she is getting less family pension than admissible to her.

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Court's answer

It is fit that the competent authority examine the petitioner's grievance regarding her family pension and pass necessary orders for redressal.

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Ratio / Principle

The writ petition is finally disposed of with liberty to the petitioner to submit a fresh representation before the Settlement Officer (Consolidation), Fatehpur within a week.

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Key takeaways

If such representation is made, the Settlement Officer (Consolidation), Fatehpur shall consider the matter and pass necessary order on the representation within six weeks from the date of production of certified copy of the order.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Manjive Shukla, J.; Order Date 11.5.2023; Neutral Citation 2023:AHC:103181) in WRIT - A No. 8217 of 2023: Petitioner, a widow whose husband died in 2018 while working as Clerk in the office of Settlement Officer (Consolidation), Fatehpur, was sanctioned family pension but alleged she was not given the benefits of different revisions made in family pension; her RTI application dated 3.2.2023 had also gone unanswered. The Court found she was a widow not well versed with Government Orders, claiming less family pension than admissible, and held it fit that the competent authority look into her grievance. Writ petition finally disposed of with liberty to submit a fresh representation before the Settlement Officer (Consolidation), Fatehpur within a week; the said officer to consider the matter and pass necessary order within six weeks of production of certified copy of the order.

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Neutral Citation No. - 2023:AHC:103181

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Court No. - 28

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Case :- WRIT - A No. - 8217 of 2023

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Petitioner :- Smt.Usha Dwivedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shrawan Dwivedi,Om Prakash Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manjive Shukla,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

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Learned counsel for the petitioner has submitted that the husband of the petitioner died in the year 2018 while working on the post of Clerk in the office of Settlement Officer (Consolidation), Fatehpur.

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Learned counsel for the petitioner has further submitted that after the death of the husband of the petitioner, she has been sanctioned family pension. Learned counsel for the petitioner has argued that though the petitioner is being paid family pension but she has not been given the benefits of different revisions made in the family pension.

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Learned counsel for the petitioner has also submitted that the petitioner is not well versed with various Government Orders and therefore, she has filed an application under Right to Information Act on 3.2.2023 whereby she sought various information but ill date the said information has not been provided to her.

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I have considered the submissions advanced by the learned counsel for the petitioner.

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I find that the petitioner is a widow and she is not well versed with various Government Orders issued by the State Government in respect of grant of family pension but somehow she is claiming that she is getting less family pension than admissible to her.

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It would be in the fitness of things that the competent authority may have a look over the grievance of the petitioner and pass necessary orders for redressal of her grievance.

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In the aforesaid circumstances, this writ petition is finally

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disposed of with liberty to the petitioner to submit a fresh representation before the Settlement Officer (Consolidation), Fatehpur within a week from today and if the said representation is made, the Settlement Officer (Consolidation), Fatehpur shall consider the mater and will pass necessary order on the representation of the petitioner within a period of six weeks from the date of production of certified copy of this order.

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Order Date :- 11.5.2023 Salim

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Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad

Smt.Usha Dwivedi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt.Usha Dwivedi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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