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2012 Supreme(UK) 602

K.J.SENGUPTA
Debuli Devi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
Mr. B.D. Upadhyaya, Senior Advocate for the petitioner.
Mrs. Beena Pandey, Standing Counsel (U.P.Govt.) for respondent Nos. 1 & 2.
Mr. Subhash Upadhaya, Standing Counsel for the respondent No. 3.

Judgment :

Kalyan Jyoti Sengupta, J.


1. The helpless widow of one Sher Singh has approached this Court with this writ petition praying for the following reliefs:

“a) a writ, direction or order in the nature of mandamus directing the respondents to grant the interest on the amount of G.P.F. deposited by the husband of the petitioner, the difference of salary of the consolidated salary and salary in the prescribed pay scale with effect from 24-8-95 to 21-1-96 and family pension in accordance with law.

b) any other suitable writ, order or direction that this Hon’ble Court may deem fit and proper in the circumstances of the case.”


2. After hearing the learned counsel for the petitioner, the writ petition is admitted.


3. Learned counsel for the petitioner does not press for the reliefs of G.P.F., difference of salary of the consolidated salary and salary in the prescribed pay scale w.e.f. 24th August, 1995 to 21st January, 1996 but he is praying for family pension in accordance with law. The point which comes up for consideration is, whether in this case the petitioner is entitled to get family pension or not. Short fact of the case is as follows:


4. The petitioner’s husband was appoint

















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