Disposed

Hukum Singh v. State of U.P. Thru. Prin. Secy. P.W.D. Lko. and 2 Others

Allahabad HC7 May 2024/2958/2024

Case brief

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What is this about?

Court disposed of a writ petition wherein a minor petitioner sought family pension from the date of his father's death until he turned 25. Bench was satisfied that the petitioner's name was recorded in the deceased father's service book.

What did the court decide?

Respondents to consider the petitioner's claim for family pension till he attains 25 years within four weeks.

Hukum Singh Vs State of U.P. Thru. Prin… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35166

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Court No. - 6

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Case :- WRIT - A No. - 2958 of 2024

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Petitioner :- Hukum Singh Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D. Lko. And 2 Others Counsel for Petitioner :- Chhote Lal Yadav,Ajay Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner as well as Ms. Deepsikha, learned Chief Standing counsel for the respondents.

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With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

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The instant petition has been filed praying for a mandamus commanding the respondents to pay family pension to the petitioner from 20.11.2020 till he attains the age of 25 years.

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The contention of learned counsel for the petitioner is that father of the petitioner namely Shri Ramnath was working as Chaukidar under the respondents who retired on attaining the age of superannuation on 31.05.2016 and died on 19.11.2020. The petitioner's mother died prematurely in the year 2017.

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It is contended that as the petitioner is still a minor, consequently he would be entitled for being given the family pension from the date of death of his father i.e. 19.11.2020 till he attains the age of 25 years.

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In order to ascertain as to whether the name of the petitioner is recorded in the service book as the son of the employee concerned, the Court had required the learned Standing counsel to seek instructions.

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Today, learned Chief Standing counsel on the basis of instructions sent by the Executive Engineer, Nirman Khand, Barabanki states that the name of the petitioner Hukum Singh finds place in the service book as being son of the deceased employee.

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Considering the aforesaid, the writ petition is disposed of. Let the respondents consider the claim of the petitioner for grant of family pension till he attains the age of 25 years in accordance

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with law and relevant rules. Let such consideration be done with a period of four weeks from the date of receipt of the certified copy of this order.

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Order Date :- 7.5.2024 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Hukum Singh v. State of U.P. Thru. Prin. Secy. P.W.D. Lko. and 2 Others

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Hukum Singh v. State of U.P. Thru. Prin. Secy. P.W.D. Lko. and 2 Others

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