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Judgment
Petitioner’s mother Smt. Asha Giri was serving as Assistant Teacher in Department of Primary Education, State of Uttar Pradesh, who died while in service on 14.12.1998. According to petitioner, she was around two years of age at the time of death of her mother and she was given family pension as per applicable rules. Grievance raised by the petitioner is that payment of family pension has been stopped from March, 2021. Relief sought in the writ petition is as follows:
“I. To issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to forthwith continue/sanction/pay the family pension to the petitioner, which was being paid to her after the death of her mother and now has illegally been withheld.”
Learned State Counsel, however, submits that petitioner was paid family pension till she attained age of 25 years. He submits that as per rules, a dependant daughter is entitled to family pension till she attains 25 years of age.
Learned Counsel for the petitioner, however, submits that since petitioner was unmarried in 2023, when she filed this writ petition, therefore, she was entitled for family pension as per applicable rules.
Mr. Ishwari Datt Paliwal, appearing for State of U.P., submits that petitioner has to submit an affidavit that she is not married as yet, then the competent authority shall examine her claim afresh.
Writ petition is, accordingly, disposed of with liberty to petitioner to make representation, enclosing therewith her affidavit and other necessary papers, before the competent authority. If she makes such representation within three weeks from today, the competent authority shall take decision thereupon, as per law, within six months thereafter.