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Kumari Sushila Devi v. State Of U.P. Thru' Secretary & Others - WRIT - A No. 10827 of 2007 [2007] RD-AH 3283 (27 February 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioner as well as learned Standing counsel appearing for the respondents. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

The petitioner is the minor daughter of late Shiv Ram Vimal who retired as Village Development Officer in the year 1994. The father of the petitioner was getting his service pension as well as other retiral dues till 6.7.1995 when he died. However, thereafter the mother of the petitioner was getting the family pension till her death on 14.8.2003. The petitioner claims that in terms of the Government Order dated 24.8.1966 as well as the New Family Pension Rules, 1965 and other relevant Government Orders issued from time to time, the petitioner, who is a minor daughter of the deceased employee, would be entitled to family pension till she attains the age of 25 years or she is married. The submission of the learned counsel for the petitioner is that the petitioner has no other source of livelihood and in case if the said family pension is not paid to the petitioner, she shall not be able to survive. With regard to such grievances, the petitioner has made several representations to the respondent-authorities which have yet not been decided.

Considering the facts and circumstances of this case and keeping in view the submissions of the learned counsel for the petitioner, this writ petition is disposed of with the direction that in case if, with regard to her grievances made in this writ petition, the petitioner files a fresh comprehensive representation before the Chief Development Officer, Fatehpur, Respondent no.2, along with a certified copy of this order, the same shall be considered and decided by the said respondent, in accordance with law, by a speaking order after giving opportunity of hearing to the petitioner within a period of six weeks from the date of filing of the same.

It is further provided that in case if the petitioner is found entitled to payment of any amount, the same shall be paid to her within six weeks from the date of decision on her representation.

With the aforesaid observation/direction, this writ petition is disposed of. No order as to cost.

dt. 27.2.2007


w.p. 10827.07


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