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2016 Supreme(All) 237

D. Y. CHANDRACHUD, YASHWANT VARMA
RAVINDRA NATH SHUKLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Santosh Kumar Tripathi for the Appellant; C.S.C. and Vivek Varma for the Respondents.

JUDGMENT

By the Court.—The father of the appellant is stated to have been an Assistant Teacher in DPS Nagar Nigam Inter College, Nawabganj, Kanpur Nagar. The institution is run and managed by the Nagar Mahapalika, Kanpur. Upon his retirement, the father of the appellant is stated to have been in receipt of pension and he died on 6 June 1980. According to the appellant, his mother (the widow of the deceased employee) filed an application before the Accounts Officer of the Nagar Mahapalika on 6 August 1980. Thereafter, it is stated that she had filed an affidavit before the Commissioner, Nagar Nigam, Kanpur on 14 December 2010 and on 17 October 2011 submitted her grievance. On 13 March 2015, the Principal of the institution called upon the appellant’s mother to submit a succession certificate from the competent Court. To this, she is stated to have filed a reply on 4 May 2015 seeking details of the amount so that a succession certificate could be obtained. Eventually, the mother of the appellant died on 9 May 2015, after which the appellant moved representations before the Commissioner of the Nagar Nigam. In his writ petition, the appellant sought the release of family pension in favo










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