Disposed

Mallka Yasmin Zaidi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC1 Oct 2024/8839/2024

Case brief

AI extract

What is this about?

In this writ petition concerning family pension arrears for the petitioner, the High Court observed that while state officers are credited with completing formalities, the facts warrant immediate action. Consequently, the court disposed of the petition directing the Commandant and Finance Controller to expedite the payment within six weeks.

What did the court decide?

Six weeks time granted to the Competent Authority to expedite the issue of family pension and arrears.

Mallka Yasmin Zaidi Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67897

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Court No. - 4

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Case :- WRIT - A No. - 8839 of 2024

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Petitioner :- Mallka Yasmin Zaidi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Kamini Singh Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Ms. Kamini Singh, learned counsel for the petitioner and Sri Amar Nath Singh Baghel, learned Standing Counsel for the State.

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2. By means of this writ petition, the petitioner has prayed for the following reliefs:-

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"(i) to issue a writ, order or direction in the nature of mandamus directing the opposite party Nos.2 and 3 to pay family pension to the petitioner, petitioner being unmarried daughter of late Sayyad Mazharul Hasan Zaidi, Sub-Inspector (M) (Accountant), 35th Battalion, PAC, Lucknow.

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(ii) to issue a writ, order or direction in the nature of mandamus directing the opposite party No.2 to clear the arrears of family pension as due to the petitioner since 1999."

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3. Learned Standing Counsel has produced the copy of instructions letter dated 30.09.2024 provided by the Commandant, 35th Battalion PAC, Lucknow enclosing therewith the copy of letter dated 22.02.2023 of the Assistant Accountant C/o Finance Controller, Police Headquarter, U.P. and the letters dated 29.04.2023 and 28.09.2024 preferred by the Commandant, 35th Battalion PAC, Lucknow addressing to the Finance Controller, U.P. Police Heqdquarter, Lucknow and the Company Commander of the same Battalion, the same are taken on record.

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4. The perusal of the aforesaid letter reveals that all the required formalities are complete and the grievance of the petitioner would be redressed very soon. It is also indicated that the petitioner has not impleaded the Finance Controller, U.P. Police Headquarter, Lucknow in the array of opposite parties.

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5. Be that as it may, if all the required formalities are complete and the dues, so prayed in the writ petition, may be paid to the petitioner then there is no purpose to keep this petition pending

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any longer.

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6. Accordingly, the instant writ petition is being disposed of finally at the admission stage directing the Commandant, 35th Battalion PAC, Lucknow as well as the Finance Controller, U.P. Police Headquarter, Lucknow to do the needful and expedite the issue so that the grievance of the petitioner, which has been indicated in the writ petition, may be redressed. For passing appropriate order, six weeks time is given to the Competent Authority.

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7. In view of the aforesaid observations and directions, the instant writ petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 1.10.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Mallka Yasmin Zaidi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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Mallka Yasmin Zaidi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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