Rajiv Sharma, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State of U.P. and perused the material available on record.
(2.) The instant writ petition was initially filed by Dr. A.P. Bajpai (since deceased) with the following prayer:- "(i) issue a writ, order or direction in the nature of mandamus directing the opposite parties to pay the pension of the petitioner regularly as well as pay the arrears of pension with effect from 1.6.1988 and further be pleased to issue direction to the opposite parties to pay the provisional pension with immediate effect. (ii) grant any other relief that this Hon'ble Court may deem fit, proper and just under the circumstances. "
(3.) The case of the petitioner is that he joined the Provincial Medical Service U.P. in March, 1961. After serving on different post, he attained the age of superannuation on 31.5.1988 from the post of Deputy Director Medical Health & Family Welfare. He submitted his pension papers but till the date of filing of the instant petition, no pension was paid to him. Representations were made by him in the month of March, 1991 and reminder was sent on 2.9.1992 but that too paid no dividend. Gratuity was also not paid, which was Rs. 61876/-. In the pension papers, as family members of the petitioner names of his wife Suman Bajpai and son Sameer Bajpai were mentioned. After filing of the instant petition, pension payment order was issued on 27.4.1994 wherein wrong date of his attaining the age of superannuation was mentioned, however, the same was subsequently rectified. During the pendency of the instant petition on 11.4.2004 the only son of the petitioner Sameer Bajpai expired and in the same year on 18.8.2004 wife of the petitioner Smt. Suman Bajpai also expired. The petitioner himself expired on 23.7.2007 and thereafter the present petitioners, who happens to be wife and minor son of Sameer Bajpai were substituted as petitioners and they have also amended the prayer and have made the following prayer:- "(i) issue a writ, order or direction in the nature of mandamus directing the opposite parties to pay the pension of the petitioner regularly as well as pay the arrears of pension with effect from 01.06.1988 and further be pleased to issue direction to the opposite parties to pay the provisional pension with immediate effect "and further direct the opposite parties to pay 12% interest to the petitioner on the post retirement dues including the payment of monthly pension till the post retirement dues are settled or finally paid to the petitioner and submit a statement of account in respect of payment of post retirement dues such as gratuity, Provident Fund, leave encashment, commuted value of pension and monthly pension particularly the date of amount. (i-a) to direct the opposite parties to pay monthly pension to the grandson of the deceased petitioner as provided under rule 7 read with rule 3 (ix) of the U.P. Retirement Benefit Rules, 1961 forthwith. (i-b) issue a writ of certiorari or a writ, order or direction in the nature of certiorari to quash the letter dated 22.12.2010 (contained in Annexure - 14 to the writ petition) by means of which the claim of the petitioners to grant family pension to the grandson of the deceased petitioner was rejected. ";