KEWALPATI Vs. STATE OF U P THROUGH PRIN SECY FOREST DEPTT CIVIL
LAWS(ALL)-2018-3-292
HIGH COURT OF ALLAHABAD
Decided on March 16,2018

Kewalpati Appellant
VERSUS
State Of U P Through Prin Secy Forest Deptt Civil Respondents

JUDGEMENT

Ajai Lamba, J. - (1.) The petition seeks issuance of a writ in the nature of Mandamus directing respondents to provide family pension in favour of the petitioner in context of services rendered by husband of the petitioner namely Shri Swami Nath Shukla.
(2.) It has been pleaded that husband of the petitioner retired from the post of Van Daroga. In para 5 of the petition it has been asserted that Swam Nath Shukla was getting pension from respondents 1 to 4 after his retirement till his death on 10.5.2010.
(3.) It has been asserted on behalf of petitioner that the petitioner is legally wedded wife of the deceased employee. However, one lady namely Mamta got her name entered in revenue record on the basis of a forged will deed without giving opportunity of hearing to the petitioner. It has further been pleaded that on the basis of record Mamta has been claiming family pension in lieu of services of Swami Nath Shukla. The petitioner instituted a civil suit for permanent injunction. Details of the civil litigation have been mentioned in Para 9 of the writ petition. The civil suit is pending adjudication. Copy of the plaint has been placed on record as Annexure-2. As per the plaint of the civil suit the dispute appears to be in regard to landed property of Swami Nath Shukla. It has been pleaded that after the death of Swami Nath Shukla the petitioner moved an application for provisional family pension. Thereafter a representation to the same effect has been moved. Family pension has not been released in favour of the petitioner, hence the petition.;


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