IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Khagoti Devi - Appellant
Versus
Government Of India & Ors. - Respondents
Writ Petition (M/S) No. 2313 of 2021
Decided On : 16-11-2021
Mandamus - Pension Release - The court disposed of the writ petition as the dependent family pension had been sanctioned to the petitioner based on the statement made by the respondent's counsel.
Fact of the Case:
The petitioner sought a writ mandamus to direct the release of Kendriya Swantrata Sangram pension and the pensioner amount along with market interest.
Finding of the Court:
The court found that the relief claimed in the writ petition did not survive as the dependent family pension had been sanctioned to the petitioner.
Issues: Release of pension amounts and market interest to the petitioner.
Ratio Decidendi: The court disposed of the writ petition based on the statement made by the respondent's counsel regarding the sanctioning of the dependent family pension to the petitioner.
Final Decision: The writ petition was disposed of in terms of the statement made by the respondent's counsel.
JUDGMENT
Manoj Kumar Tiwari, J. - By mean of this writ petition, petitioner has sought the following reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to release the Kendriya Swantrata Sangram pension to the petitioner scrutinizing the documents providing by her before the concerned authorities as early as possible in the strength of Hon'ble High Court order dated 27.12.2017.
ii. Issue a writ, order or direction in the nature of the mandamus directing the respondent no. 1 and 2 to release the pensioner amount of the petitioner alongwith available market interest to the petitioner."
2. On 09.11.2021, learned Standing Counsel for the Union of India was granted time to get instructions in the matter. Today, he has produced in Court an order dated 12.11.2021 passed by Under-Secretary, Ministry of Home Affairs, Government of India. It is addressed to Pay & Account Office (P & M), Ministry of Home Affairs. The said letter is taken on record. Based on the said letter Mr. Pankaj Chaturvedi made a statement that Dependent Family Pension amounting to Rs. 26,000/- per month with effect from 30.01.2018 has been sanctioned to the petitioner.
3. In such view of the matter, this Court is of the opinion that the relief as claimed in the writ petition does not survive.
4. Accordingly, the writ petition is disposed of in terms of the statement made by Mr. Pankaj Chaturvedi.
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