Allahabad High Court
REKHA GAUTAMversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition without merits, directing the petitioner to file a fresh representation before the Municipal Commissioner within three weeks.
Summary
The petitioner, Rekha Gautam, sought a family pension after the death of her mother, who had been receiving the pension of her deceased father, a former Revenue Inspector. The petitioner, a divorced daughter, alleged that her application for the pension had not been considered by the authorities. The respondents argued that the grievance should be addressed by the Municipal Commissioner of Kanpur Nagar and expressed no objection to the court directing a fresh representation. The High Court, finding no merit in continuing the writ petition, ordered the petitioner to file a fresh representation before the Municipal Commissioner within three weeks, attaching a certified copy of the order, and directed the Commissioner to decide the matter within three months. The court disposed of the writ petition without addressing the substantive merits.
Issues considered
- Whether the High Court should entertain the writ petition for non-payment of family pension or direct the petitioner to approach the Municipal Commissioner for a fresh representation.
Subjects
- family pension
- writ petition
- representation
- municipal commissioner
- expeditious disposal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15480 of 2026
Rekha Gautam
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties and perused the record on Board.
2. The petitioner has raised grievance regarding non-payment of family
pension.
3. Learned counsel appearing on behalf of the petitioner submits that
father of the petitioner attained the age of superannuation in the year 1991
while serving as a Revenue Inspector. He died on 27.01.2009. After his
death, petitioner's mother (wife of the deceased) was receiving the family
pension. Unfortunately, she also died on 24.10.2025. The petitioner, being
a divorcee daughter of the deceased employee, has submitted application
seeking family pension. However; till date, her representation has neither
been considered nor decided by the authorities concerned.
4. Shri Yashwant Singh, learned Standing Counsel appearing on behalf of
all the respondents has contended that the grievance of the petitioner qua
non payment of family pension can be more appropriately redressed by
the Municipal Commissioner, Nagar Nigam, Kanpur Nagar (respondent
no.2) and that he has no objection if a direction is issued for expeditious
disposal of a fresh representation, to be moved by the present petitioner,
within such stipulated period, as may be directed by this Court.
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending; therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
on the merits of the case, with liberty to the present petitioner to move a
WRIA No. 15480 of 2026
2
fresh representation with respect to his grievances, as raised in this petition,
within a period of three weeks from today, along with a certified copy of this
order and a self attested copy of the instant writ petition before the
respondent no.2, who, in turn, shall consider and decide the same in
accordance with law, expeditiously, preferably within a period of three
months from the date of production of the same.
6. With the aforesaid direction, instant writ petition stands finally
disposed of.
September 24, 2026
VR
(Dinesh Pathak,J.)
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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