The Allahabad High Court dismissed a second writ petition seeking family pension relief. The court held the petition was barred by the Rules of Court due to a prior petition on the same cause of action and assured no prejudice to rights in the earlier suit.
Petition dismissed as not maintainable under Chapter XXII Rule 7 of the Rules of Court.
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Neutral Citation No. - 2024:AHC:194844
Court No. - 5
Case :- WRIT - A No. - 19052 of 2024
Petitioner :- Smt Shobha Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Indal Singh Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C.
Hon'ble J.J. Munir,J.
3. This petition has been filed seeking the following reliefs:
"i. Issue a writ, order or direction in the nature of mandamus directing to the respondents to consider the past services of the husband of the petitioner on adhoc basis as qualifying service from the date of appointment for fixation of family pension on which date the husband of the petitioner died and said amounts may be released in favour of the petitioner within fortnight from the command of this Hon'ble Court.
ii. Issue a writ, order or direction in the nature of mandamus directing to the respondents to comply with the Regulation 13 of the Retirement Benefits Regulations, 1984 and forward the papers pertaining to fixation of family pension before the competent authorities for verification and sanctioning the family pension.
iii. Issue any other writ, order or direction in the facts and circumstances of the case as this Hon'ble Court may deem fit and proper.
iv. To award the costs of the writ petition in favour of the petitioner."
respondents with the following prayer:
ii. issue a writ order or direction in nature of mandamus directing the respondents to decide the representation dated 18.12.2022 expeditiously and according to law."
Order Date :- 12.12.2024 Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a second writ petition filed on the same cause of action is barred under Chapter XXII Rule 7 of the Rules of Court.
Smt Shobha
State Of Up
2 Others
J.J. Munir, J.
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
