High Court of Judicature at Allahabad
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Usha Devi v. State Of U.P. And Others - WRIT - A No. - 45411 of 2006  RD-AH 17720 (13 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon. Pankaj Mithal,J
Heard learned counsel for the petitioner and the Standing counsel for the State of U.P.
The petitioner claims that her husband Chandra Pal was a class IV employee in Zila Panchayat, Rampur. He expired on 12.2.2000 while in service. On account of his death the petitioner was absorbed as employee of the Zila Panchayat, Rampur by giving the benefit of Dying in Harness Rules, 1974. Now the petitioner claims that she is entitle to a family pension and for that purpose she has made representation dated 4.7.2006 to the respondent No. 3 but no action on it has been taken.
Learned Standing counsel points that respondent No. 2 is the authority competent to decide about the admissibility of the family pension to the petitioner and that if the petitioner approaches him, he will consider and decide the matter within a reasonable time.
In view of the above submission, no purpose shall be served in keeping the petition alive. It is accordingly disposed of with liberty to the petitioner to make a representation to the respondent No. 2 with regard to payment of family pension.
In case such a representation is made by her within a period of three weeks from today, the same shall be considered by the respondent No. 2 as expeditiously as possible preferably within a period of six weeks thereafter strictly in accordance with rules. The respondent No. 2 shall consider the relevant rules for the admissibility of the family pension to the petitioner before passing any order.
The petition is disposed of with the above observation.
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