MANISH MATHUR
Chandrakanti Devi – Appellant
Versus
State Of Uttar Pradesh Thru Prin. Secy. Deptt. Of Basic Edu. Lko. – Respondent
JUDGMENT :
(Manish Mathur, J.)
1. Heard Mr. Sharad Pathak, learned counsel for petitioner, Mr. Pradeep Kumar Pandey, learned State Counsel for opposite parties no. 1 & 2, Mr. Ran Vijay Singh, learned counsel for opposite party no. 3 and Mr. S.S. Rajawat, learned counsel for opposite parties no. 4 & 5.
2. Petition has been filed challenging order dated 11.05.2016 whereby family pension granted earlier to petitioner vide order dated 03.09.2007 was withdrawn. It is submitted that petitioner's husband late Sudhakar Pandey was employed as Assistant Teacher in Primary School concerned on 16.12.1973 and passed away while in service on 10.01.1977 having rendered service of just about three years.
3. Since petitioner was not granted benefit of family pension, she filed Writ Petition No. 6068 (S/S) of 2004 which was disposed of vide order dated 07.12.2007 directing the concerned authority to consider and decide petitioner's claim for grant of family pension. It is in pursuance thereof that family pension was granted to petitioner vide order dated 03.09.2007. It is submitted that in the meantime one Smt. Phoolmati Devi who was similarly situated as petitioner filed Writ Petition No. 5993 (S/S)
Vijay versus State of Maharastra and others reported in (2006) 6 SCC 289
D.K. Yadav versus J.M.A. Industries Ltd. reported in (1993) 3 SCC 259
K.H. Nazar versus Mathew K. Jacob and others reported in (2020) 14 SCC 126
X. versus Principal Secretary, Health and Family Welfare Department
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