Sanjay Misra, J. - (1.) ACCORDING to Sri A.K. Singh, learned counsel for the applicant, the applicant had filed Writ Petition No.12435 of 1995 Smt. Reeta Devi Vs. State of Uttar Pradesh and others, wherein the Court passed the following orders on 20.03.2001: This part of the assertion on the part of petitioner as indicated above and the recommendation of the Superintendent of Police, Mirzapur not having been rebutted by respondents coupled with the circumstance that the case of the petitioner that deceased officer had instructed Bechan Ram Constable to come and join him for proceedings for further official duties, not been denied or disputed, Superintendent of Police, Mirzapur rightly recommended for extraordinary family pension. In the result, the petitioner is entitled to extraordinary family pension in accordance with law from the date of death of her husband. Consequently, a writ of mandamus is issued commanding the respondents to take necessary action for granting extraordinary family pension and ensure that the arrears are being paid within four months from the date of receipt of certified copy of this judgment. Writ Petition stands allowed as indicated above. No order as to costs.
(2.) LEARNED counsel states that the State of U.P. filed Special Appeal No.703 of 2003 State of Uttar Pradesh and others Vs. Smt. Rita Devi which has been dismissed by the order dated 09.11.2010. Learned counsel states that although the Special Appeal of the opposite parties have been dismissed, the opposite parties have not granted extra -ordinary family pension and arrears to the petitioner although the period of four months after dismissal of the Special Appeal on 09.11.2010 has expired. The cause of action is alleged to have arisen on expiry of four months from 09.11.2010. According to learned counsel for the applicant, the Senior Superintendent of Police, Mirzapur, has sent the recommendation to the Opposite Party No.3 for grant of extra -ordinary family pension and arrears to the petitioner, however, the Opposite Party No.3 has not taken any decision or action on the same, which is disobedience of the direction issued by the Writ Court as confirmed in the Special Appeal. Prima facie, it appears that the Opposite Party No.3 has disobeyed the directions issued by the Writ Court.
(3.) IN view of the aforesaid circumstances, issue notice to Opposite Party No.3, Sri Lalji Shukla, Deputy Inspector General of Police (Karmik), U.P. Police, Head Quarter, Allahabad, fixing an early date. The opposite party is required to file reply to the contempt petition by the next date fixed.;