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Allahabad High Court

UMMUL KHAIR FATIMAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court disposed of the writ petition without addressing its merits, directing the petitioner to file a fresh representation before the District Minority Welfare Officer, who shall decide the grievance expeditiously.

Summary

The petitioner, Ummul Khair Fatima, filed a writ petition seeking a mandamus directing the District Minority Welfare Officer, Kanpur Nagar, to decide a grievance dated 04‑03‑2025 and to disburse her family pension after her father's death. The father, an assistant teacher, died on 27‑11‑2020 and the pension had not been paid. The State respondents argued that the grievance should be addressed by the District Minority Welfare Officer and did not oppose a fresh representation. The Court held that the petition could be more appropriately dealt with by the officer and, without addressing the merits, ordered the petitioner to file a fresh representation within three weeks, with the officer to decide it within three months. Consequently, the writ petition was disposed of without any substantive observation on the merits.

Issues considered

  • What is the appropriate forum for redressing the petitioner's grievance regarding family pension?
  • Can the High Court issue a mandamus directing the respondent authority to decide the grievance and disburse the pension?
  • Is it appropriate for the Court to dispose of the writ petition without adjudicating its merits?

Subjects

  • family pension
  • mandamus
  • writ petition
  • administrative law
  • jurisdiction
  • District Minority Welfare Officer
  • representation

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                        WRIT - A No. - 5537 of 2026

Ummul Khair Fatima
                                                                 .....Petitioner(s)
                                     Versus
State Of U.P. And 2 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)                 :   Wahaj Ahmad Siddiqui
Counsel for Respondent(s)                 :   C.S.C., Rajeshwar Tripathi

Court No. - 33
                     HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the petitioner, Sri Anurag Mishra, learned
Advocate holding brief of Dr. Rajeshwar Tripathi, learned counsel for the
respondent No. 2, Sri Saurabh, learned Standing Counsel representing State-
respondents and perused the record on board.

2. This writ petition has been filed, inter alia, seeking the following reliefs:

     "(i) Issue a writ order or direction in the nature of mandamus
     commanding the respondent authorities i.e. respondent no.3 to
     decide the grievance/representation dated 04.03.2025 in
     accordance with law.
     (ii) Issue a writ order or direction in the nature of mandamus
     commanding the respondent's authorities to disburse the family
     pension to the petitioner in the interest of justice."

3. It has been submitted that the father of the petitioner was working as an
Assistant Teacher (Tahtaniya) in Madarsa Ahsanul Madaris Qadeem, Nai
Sadak, Kanpur, who died on 27.11.2020; however, till date, the present
petitioner has not been paid family pension.

4. Sri Saurabh, learned Standing Counsel appearing for the State-
respondents and learned counsel for the respondent No. 2 have contended
that the grievance of the present petitioner can be more appropriately
redressed by the District Minority Welfare Officer, Kanpur Nagar
(respondent No. 3), and he has no objection, in case, a direction is issued for
expeditious disposal of a fresh representation to be moved by the petitioners
within such stipulated period as may be directed by this Court.

5. In this conspectus, as above, no useful purpose would be served by
                                                                                               WRIA No. 5537 of 2026
                                                                     2

                                    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 petitioners to move a fresh
                                    representation before the District Minority Welfare Officer, Kanpur Nagar
                                    (respondent No. 3), to ventilate his grievance, as averred in the present writ
                                    petition, within a period of three weeks from today, along with a certified
                                    copy of this order and a self attested copy of the present writ petition, and, in
                                    turn, he shall consider and decide the same in accordance with law
                                    expeditiously, preferably, within a period of three months from the date of
                                    production of such representation.

                                    6. With the aforesaid observation, present writ petition is disposed of.


                                    April 20, 2026
                                    vinay
                                                                                                (Dinesh Pathak,J.)




Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad


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