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2022 Supreme(All) 901

ASHUTOSH SRIVASTAVA
Vimla Devi – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rama Yadav, Tripurari Pal

JUDGMENT :

1. Heard Sri Tripurari Pal, learned counsel for the petitioner and learned Standing Counsel for the State-Respondents.

2. Considering the nature of the order that is proposed to be passed the notice upon the Respondent No.5 is being dispensed with.

3. The writ petition has been filed assailing the order dated 25.03.2022 passed by the Respondent No.3, District Basic Education Officer, Kaushambi, whereby and whereunder a direction has been issued to the Respondent No.4, the Finance & Account Officer, Basic Education District Kaushambi, to stop the payment of family pension to the petitioner and calculate the payment of Fund, Group Insurance and other benefits already paid for its recovery from the petitioner as also the consequential order dated 29.03.2022 passed by the Respondent No.4, Finance & Account Officer, Basic Education, Kaushambi, whereby the payment of the family pension has been stopped.

4. Learned counsel for the petitioner submits that in view of the admitted facts as set out in the writ petition and in the impugned order the writ petition may be decided on merits. Learned Standing Counsel does not dispute the above proposition, accordingly the Court proceeds to

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