SUDHIR AGARWAL,J. - (1.) HEARD Sri Sanjay Kumar Pandey, learned counsel for the petitioner, learned standing counsel and Ms. Usha Kiran, learned counsel for respondent no. 3.
(2.) PETITIONER 's father working as Junior Engineer in U.P. Power Corporation, died on 9th December 2000 while posted at Bahraich. Thereafter his mother was paid interim pension to the extent of 90% but gratuity, final pension and family pension was not paid despite various representations. She also died in the month of May 2004 and thereafter family pension which ought to have continued to be paid to the unmarried daughter and two minor sons, has not been paid despite repeated requests. Ms. Usha Kiran, learned counsel for the respondents no. 3 and 4 referring to the counter affidavit filed on their behalf submitted that 90% of the interim pension was paid to the widow of the deceased employee but after her death, the legal heirs did not produce death certificate and therefore the department could not take any further action in the matter. In paragraph 11 of the counter affidavit it is averred that though an application dated 17th December 2005 from the petitioner was received but since he has not given his address, therefore, further correspondence could not be made.
(3.) IN my view, both the defences are fanciful and have no substance at all. Once it is admitted that there was no procedural flaw in clearing 100% pension to the widow of the deceased employee, I fail to understand as to why final pension as well as gratuity and family pension was not paid to the widow. Further, the department had the permanent address of the employee concerned and it is not the case of respondents no. 3 and 4 that they sent letter to the legal heirs of the deceased employee at the permanent address but no response was received. .;