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2017 Supreme(All) 2775

SIDDHARTH
Amrawati Devi – Appellant
Versus
Up Shiksha Nideshak – Respondent


Advocates Appeared:
For the Appellant : B.L. Verma and Bhanu Pratap Singh
For the Respondent: Nisheeth Yadav and Anand Yadav

JUDGMENT :

Siddharth, J.

1. Heard Sri B.L. Verma, learned counsel for the petitioner and Sri Anand Yadav, holding brief of Shri Nisheeth Yadav learned counsel for the respondents. The petitioner has filed the above noted writ petition praying for issuance of writ of mandamus directing the opposite parties to pay the family pension and its arrears to the petitioner.

2. The petitioner's case is that her husband late Samar Bahadur Singh, was assistant teacher in Primary School in Gyanpur in the year 1973, he died while in service on 17.4.1973. Petitioner made an application for the grant of family pension, to the opposite party No. 3 after obtaining due sanction from the opposite party Nos. 1 and 2. Pension of Rs. 16 per month was sanctioned to her which was subsequently enhanced to Rs. 258 per month as per letter dated 25.11.1992 of respondent No. 2 with retrospective effect from 18.4.1972.

3. The difference in the family pension paid to the petitioner from 18.4.1993 to 1991 worked out to Rs. 50,339.70, on the basis of letter dated 7.4.1994 of opposite party No. 2. The opposite party No. 3 stopped the payment of arrears of family pension to the petitioner by the letter dated 24.6.1994. T









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