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2023 Supreme(All) 2477

BRIJ RAJ SINGH
Sartaj Fatima – Appellant
Versus
State Of U. P. Prin. Secy. Deptt. Of Medical And Health – Respondent


Advocates appeared:
For the Petitioner:Akhter Abbas,Ambika Prasad Tiwari,Narsingh Narain Lal,Syed Ahsan Abbas, Advocates.
For the Respondent:C.S.C.,Anurag Srivastava, Advocate.

Table of Content
1. entitlement to family pension after divorce. (Para 2 , 3)
2. divorce after death disqualifies pension claims. (Para 4)
3. government order governs eligibility for pension. (Para 5)
4. determination based on timing of divorce and death. (Para 6)
5. writ petition dismissed. (Para 7)

JUDGMENT

Brij Raj Singh, J.

Heard Shri Narsingh Narain Lal, learned counsel for the Petitioner, learned Standing Counsel for the State and Shri Anurag Srivastava, learned counsel for the respondent no.2.

2. By this petition, the petitioner has prayed for the following reliefs:

    "(i) issue a writ, order or direction in the nature of certiorari to quash the order of refusal to grant family pension to the petitioner contained in the letter dated 21.06.2018 issued by the opposite party no. 2 Maha Lekhakaar (Lekha and Haqdaari) II Uttar Pradesh Allahabad, address to opposite party no. 3 the Chief Medical Officer, Sitapur contained in Annexure no.8 ;

    (ii) issue writ, order or direction in the nature of mandamus commanding the opposite parties particularly opposite party no. 2 to grant of family pension to the petitioner taking the date of divorce to be 04.09.2013 contained in plaint of Regular Suit N

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