Court No. - 38 Case :- WRIT - A No. - 1854 of 2010 Petitioner :- Smt. Ram Shree Alias Saguna Respondent :- State Of U.P. & Others Petitioner Counsel :- J.P. Pandey Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
The petitioner has come up against the order dated 21st May,
2009, whereby the claim of pension of the petitioner has been
rejected on the ground that the matter is still subjudice in relation
to the succession obtained by the petitioner in misc. case no. 276
of 2008. Learned counsel for the petitioner contends that an
application for recall was made in the said succession case by the
respondent no.4, which has been dismissed in default on
27.11.2009. In such view of the matter it is urged that there is
nothing on record as on date so as to disentitle the claim of the
petitioner and the impugned order proceeded on such presumption
which does not exists.
I have perused the impugned order which indicates that the
petitioner’s name is not indicated as nominee in the GPF account
of late Narsingh Prasad. The same has also been made a ground for
rejecting the claim of the petitioner. In this view of the matter it
would be appropriate that the petitioner obtains a regular
declaration in her favour inasmuch as the succession certificate
was only in relation to two bank accounts of deceased which may
support her claim the entitlement of the petitioner to receive all
such benefits is proved.
In this view of the matter there is no occasion for this Court to
interfere with the order dated 21.5.2009. The same is consigned to
record with a liberty to the petitioner to obtain appropriate
declaration from the competent court for the said purpose.
Order Date :- 18.1.2010
Shiraz