Advocates:
['ASHISH JOSHI', '', 'SHOBHIT JOSHI', 'C S C', 'ADDL C S C UP']

SL.

No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

WPSS No. 1200 of 2022

Hon ’ble Man oj Ku m ar Tiw ar i, J.

Mr.

Ashish

Joshi,

Advocate

for

the

petitioner.

Mr. N.P. Sah, Standing Counsel for the

State of Uttarakhand.

Mr. I.D. Paliwal, Standing Counsel for the

State of Uttar Pradesh.

Heard learned counsel for the parties.

In this writ petition, petitioner has sought a

direction to Competent Authority to grant family

pension to her with arrears.

According to the petitioner, she got married

with one Mr. Ajab Ram Bhardwaj, who was

serving as Constable in Uttar Pradesh Police and

died in the year 2001. According to the

petitioner, Mr. Ajab Ram Bhardwaj, her husband,

retired from service in the year 1998. It is

further her case that Mr. Ajab Ram Bhardwaj had

married twice, firstly with Smt. Vidhya Devi and

second time with the petitioner.

From the records, it is revealed that Smt.

Vidhya Devi died in the year 2008. An ex-parte

order passed by Family Court, Pauri Garhwal has

been brought on record, which was passed in

Bharan Poshan (Dakhil) Case No. 84 of 1996, to

show that petitioner is wife of Mr. Ajab Ram

Bhardwaj. Petitioner made a request for grant of

family pension to S.S.P., Dehradun, however,

S.S.P. has turned down her request on the

ground that no nomination was made in favour

of petitioner by late Ajab Ram Bhardwaj.

Since petitioner retired from service before

State Re-organization, therefore, liability to pay

family pension also rests upon successor State of

Uttar Pradesh, therefore, this Court is not

inclined to go into the question of validity of

order passed by S.S.P., Dehradun. However,

having

regard

to

the

aforesaid

facts

&

circumstances, the writ petition is disposed of

with

liberty

to

petitioner

to

approach

the

Competent Authority in U.P. Police, by making

appropriate

application

for

grant

of

family

pension. If petitioner makes such application

within three weeks from today, Competent

Authority shall take decision thereupon as early

as possible; but, not later than three months

from the date of production of certified copy of

the order.

( Man oj Ku m ar Tiw ar i, J.)

30.06.2022

Arpan