Court No. - 33

Case :- WRIT - A No. - 4480 of 2022

Petitioner :- Anvari Begum

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Vijay Bahadur Shivhare

Counsel for Respondent :- C.S.C.

Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the parties and perused

the record.

(2) This petition has been filed by the petitioner

challenging the order dated 17.02.2021 passed by the

Respondent no.3, Senior Account Officer (Account &

Entitlement) Prayagraj.

(3) It is the case of the petitioner that her father (Maqbool

Husain) was appointed as Police Constable (Armed

Police) and worked as such. Late Maqbool Husain retired

on 02.03.1977. The petitioner had been married during

lifetime of her father to one Ejaj Husain who died on

03.12.2012 and thereafter the petitioner came and started

living with her parents as no one was available to look

after her in her matrimonial home. The petitioner, in the

meantime, had borne four children who are all settled.

The mother of the petitioner Salma Khatoon was getting

Family Pension after the death of her father on

22.04.2017. She had moved an application to the

Respondent no.2 including the name of the petitioner as

her daughter. The petitioner's mother died on 17.12.2017.

The petitioner having been left with no other source of

maintenance moved an application before the

Respondents on 23.01.2018 and thereafter sent several

reminders for sanction of Family Pension to the petitioner

as widow of daughter of Late Maqbool Husain, however

they were not considered and she filed a Writ Petition

No.1060 of 2020 before this Court. This Court directed the

Respondents to decide the Representation of the

petitioner. After the order dated 21.01.2020 passed by this

Court, an enquiry was conducted by the Revenue

Inspector (Hamirpur) and he submitted a report on

13.10.2020 through Sub Divisional Magistrate who

forwarded the same to the District Magistrate, Hamirpur,

alongwith his comments. In such a report and it was

specifically mentioned that Smt. Anvari Begum was the

daughter of Late Maqbool Husain. She had been married

during the lifetime of her father but she was widowed and

started living with her mother in Amar Saheed Nagar,

Hamirpur and at the time of death of her mother she was

living as a dependent of her mother the widow of Late

Maqbool Husain. The age of the petitioner was mentioned

as 54 and it was found in the report that she had been

dependent on the family pension of Late Maqbool Husain.

Despite such report being submitted in favour of the

petitioner her claim for family pension was rejected by the

order impugned by saying that in the Service Book of the

original pensioner Late Maqbool Husain, the year of birth

of Anvari Begum has been mentioned as 1946 whereas in

the papers submitted by the petitioner, she mentioned her

date of birth as 07.08.1966 and difference between the

original date of birth as recorded in the Service book and

the date of birth as given by the petitioner in her

application being 20 years, the identity of the petitioner

had become doubtful and her eligibility to claim family

pension has also come under cloud.

(4) It has been submitted by the learned counsel for the

petitioner that as per the Government Order dated

03.12.2012 a widowed daughter is entitled to get family

pension and it has not been disputed by the Revenue

Officials who had conducted the enquiry that the petitioner

was widowed and she was living with her mother and was

dependent upon her, therefore, she is entitled to claim

family pension.

(5) Having considered the arguments raised by the

learned counsel for the petitioner and having gone

through the report dated 13.10.2020 sent by the Revenue

Inspector and the comments thereon sent by the Sub

Divisional Magistrate dated 16.10.2020, this Court is of

the considered opinion that the said report informing the

Respondents t