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Judgment
Barin Ghosh, C.J.—Husband of the petitioner, a Doctor in the employ of the State of Uttar Pradesh, while detailed for duty to accompany pilgrims to visit ''Kailash Mansarovar'', died while returning. This fact seems to be undisputed. In such circumstances, the petitioner, as it appears to us, is entitled to extra ordinary pension in terms of Uttar Pradesh Civil Services (Extra Ordinary Pension) Rules, 1981. Since the death of the husband of the petitioner occurred prior to coming in to existence of the State of Uttarakhand, in terms of the Reorganization Act, the liability to pay such pension and other benefits in terms thereof, are of the State of Uttar Pradesh. Accordingly, the Chief Medical Officer, Nainital has made an appropriate recommendation to the Principal Secretary, Medical Health and Family Welfare, Secretariat, Lucknow for taking appropriate action for release of such pension and other benefits in terms of the said Rules. The matter is pending there.
The Secretary, Medical Health and Family Welfare, Secretariat, Lucknow has not yet filed counter affidavit, despite obtaining orders to that effect. We, accordingly, direct the Secretary, Medical Health and Family Welfare, Secretariat, Lucknow to accord pension and other benefits to the petitioner, under the said Rules, on the basis of the said recommendation of the Chief Medical Officer, Nainital. In the event, anything stands in the way of according such pension and other benefits, the Secretary, Medical Health and Family Welfare, Secretariat, Lucknow will inform the same to us on 4th October, 2010, when the matter shall be listed once again before us in the daily cause list.
It is made clear that, in the event, nothing stands in the way for releasing such benefits, it shall be the duty of the Secretary, Medical Health and Family Welfare, Secretariat, Lucknow to ensure release of such pension and other benefits to the petitioner. For the above purpose, we hand over a copy of the order to the learned Counsel for the State of Uttar Pradesh for communicating to the Secretary, Medical Health and Family Welfare, Secretariat, Lucknow.