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MEENAKSHI NAGAR versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Meenakshi Nagar v. State Of U.P. & Others - WRIT - A No. 14405 of 2001 [2006] RD-AH 18813 (7 November 2006)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 38

Civil Misc. Writ Petition No. 14405 of 2001

Meenakshi Nagar

  Vs.

State of U.P.  and others

Connected with

Civil Misc. Writ Petition No. 9697 of 2006

Smt. Bitto Rani

  Vs.

Senior Superintendent of Police,

Kanpur Nagar,  and others

Hon'ble V.K. Shukla, J.

Kailash Chandra was working as constable (civil police) within the control of  Senior Superintendent of Police, Kanpur Nagar. He died on 25.02.1999. Kailash Chandra was initially married to one  Smt. Veena and out of the said wedlock, Meenakshi Nagar, petitioner of Civil Misc. Writ Petition No. 14405 of 2001, was born. After the death of Smt. Veena, Kailash Chandra remarried to Smt. Bitto Rani, and out of the said wedlock two children, namely, Ajai Pratap and  Km. Ambika, were born. After death of Kailash Chandra dispute has arisen inter se parties, Smt. Bitto Rani, on one hand, and Km. Meenakshi Nagar, the daughter from the first wife, on the other hand. On account of dispute inter se parties, till  date, post death benefits and other benefits could not be extended to the parties and entire matter is at stalemate.

In order to amicably settle the dispute in between parties, matter has been taken up. Smt. Bittto Rani is present in Court, whereas Meenakshi Nagar, who is not present in Court, is said to have given full instruction to her counsel. The parties to the dispute through their counsels, Sri Sanjay Kumar Singh and Sri S. K. Mishra, accepted the following  terms and conditions:

(i)Compassionate appointment would be provided to Smt. Bitto Rani, to which Km. Meenakshi Nagar will have no objection;

(ii)Entire post death benefits, which is inclusive of gratuity, G.P.F. Insurance and other benefits shall be payable to Km. Mennakshi Nagar;

(iii)Family pension from due date till 31.10.2006 shall be computed, and on such computation being made, half of the said amount shall be paid to Smt. Bitto Rani and half to Km. Meenakshi Nagar;

(iv)Family pension with effect from November, 2006 onwards shall be payable to Smt. Bitto Rani.

Both the parties have agreed to the aforesaid terms and conditions. Consequently, Senior Superintendent of Police, Kanpur Nagar is directed to see that the matter qua making compassionate appointment is finalised in favour of Smt. Bitto Rani, within two months from the date of receipt of a certified copy of this order.

Senior Superintendent of Police, Kanpur Nagar as well as Deputy Inspector General of Police, Establishment, U.P. Police Head Quarter, Allahabad, is directed to see that entire amount which is due towards late Kailash Chandra, is paid to the respective incumbents, after due calculation being made, in terms of the agreement arrived at in between the parties, as above, within three months from the date of receipt of a certified copy of this order.  Six per cent simple interest shall also be payable on the said amount from due date to the date of actual payment.

Learned Standing Counsel has contended that it was on account of this inter se dispute, that the matter has not been finalised, and now steps shall be undertaken accordingly, as agreed by parties.  

In terms of the compromise arrived at in between parties and in terms of directions given above, both the writ petitions are disposed of.

07.11.2006

SRY


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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