SUBHAWATI DEVI Vs. DISTRICT INSPECTOR OF SCHOOLS AND OTHERS
LAWS(ALL)-1986-8-89
HIGH COURT OF ALLAHABAD
Decided on August 04,1986

SUBHAWATI DEVI Appellant
VERSUS
District Inspector of Schools and Others Respondents

JUDGEMENT

R. M. Sahai, J. - (1.) By this petition a direction is sought to opposite-parties to grant family pension with effect from April 1984 to the petitioner who is widow of late Sri Ram Yadav, who was a permanent Assistant Teacher in C.T. Grade in Janta Inter College, Baikunthpur Noonkhar, district Deoria. From the copy of letter dated 22nd March, 1986, copy of which has been filed as Annexure-3 to this petition, it appears the District Inspector of Schools forwarded papers of petitioner to Deputy Director of Education for deciding her claim, and it was mentioned by him that due to dispute between rival committees of managements has not been possible to obtain signature of any manager. Deputy Director of Education by his letter dated 5th May, 1986 returned papers observing that since it has not been signed by any of the managers it was not possible to decide the claim of petitioner. It was communicated by District Inspector of Schools on 16th July, 1986. From these letters it is established rather it is not disputed that husband or petitioner died when he was working as teacher in C.T. grade. Only reason for not deciding her claim is that rival dispute between two committees of management is pending. It is difficult to appreciate how dispute, between rival committees of management could stand as a bar in deciding the claim of the petitioner. Papers forwarded by the District Inspector of Schools may not have been signed, by manager but that surely could not result in delaying to decide the claim of petitioner, only forwarded by the District Inspector of Schools who also is over all in charge of the institutions of the district. If any factual controversy was their the Deputy Director of Educational could have got it verified and not to return the papers simply because the papers were not signed by manager as a dispute was pending between two rival committees of management. We accordingly direct, after hearing the learned Standing Counsel that Deputy Director of Education should decide the claim or petitioner irrespective of the consideration whether papers have been signed by manager or no t, at an early date.
(2.) With these directions petition is disputed off.
(3.) Copy of this order may be given to the learned counsel for the petitioner filing proper application without 24 hours. Petition allowed.;


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