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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.Munir
Sheela Dubey – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for family pension denial based on service rules. (Para 1 , 2 , 3 , 5 , 6) |
| 2. government orders' applicability for family pension entitlement. (Para 4 , 7 , 11 , 12 , 13 , 14 , 15) |
| 3. judicial review process of the writ petition. (Para 8 , 9 , 10) |
| 4. arguments on the interpretation of regulatory amendments. (Para 19 , 20) |
| 5. legal entitlement affirmed under family pension rules. (Para 22 , 29) |
| 6. final order and directives for pension disbursement. (Para 30 , 31 , 32) |
JUDGMENT :
J.J. MUNIR, J.
1. This writ petition is directed against an order dated 28.01.2023, rejecting the petitioner's claim for grant of family pension. By amendment made to the writ petition under orders of this Court, the petitioner seeks a writ in the nature of certiorari to quash the Uttar Pradesh Palika (Centralized) Services Rules, 1966 (for short, 'the SERVICE RULES of 1966') to the extent that these do not provide similar treatment in the matter of grant of family pension to employees of the Nagar Nigam, Kanpur Nagar, on one hand, and members of the centralized service, on the other. A further writ, order or direction in the nature of certiorari is prayed to quash the amendm
Widowed daughters are entitled to family pension under regulations governing non-centralized services, affirming principles of equality and dependency despite amendments and previous rule interpretat....
A married daughter cannot claim family pension under the Rajasthan Civil Services (Pension) Rules, 1996, if she was married at the time of her father's death.
The right to receive family pension under statutory provisions is in the nature of property and cannot be denied without due process of law. Administrative actions affecting parties must adhere to pr....
The court ruled that the retrospective application of the family pension scheme must be interpreted liberally to benefit dependents, emphasizing adherence to natural justice before withdrawing vested....
The court affirmed the entitlement of a married disabled child to family pension from the date specified in an Office Memorandum, irrespective of procedural discrepancies in application.
Point of Law : Provisions of Pension Scheme is discriminatory on the ground of Sex (gender) as only unmarried daughter is entitled to get the family pension life time on other hand there is discrimin....
The denial of family pension based on unreasonable deductions of service years violates legal principles of fairness; unmarried dependent daughters are entitled to pension as per amended Rule 143.
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