Allahabad High Court
SMT CHANDRAHASversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition is dismissed, and the petitioner is directed to make a fresh representation to the competent authority, which must decide it with a reasoned order after hearing.
Summary
The petitioner, Smt Chandrahas, filed a writ petition seeking a direction for the respondents to continue paying the full family pension of Rs.9,325 per month as per the pension payment order dated 18‑03‑2019. She alleged that the pension amount was reduced without any notice, hearing, or order, and she had submitted a representation to Respondent No.4 (Basic Shiksha Adhikari, Bulandshahar). The respondents contended that any fresh application or representation must be considered in accordance with law. The Court, without expressing a view on the merits, directed the petitioner to file a fresh representation within three weeks, supported by relevant documents, and instructed Respondent No.4 to decide the matter with a reasoned order after providing a hearing, preferably within six weeks. Consequently, the writ petition was disposed without ordering the restoration of the pension amount.
Issues considered
- What legal remedy is available when a family pension is reduced without notice or hearing?
- Whether the petitioner is entitled to an immediate direction to restore the full pension amount pending adjudication of her representation?
Subjects
- family pension
- reduction of pension
- right to hearing
- administrative law
- writ petition
- representation
- order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6689 of 2026
Smt Chandrahas
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Mohan Saggi
Counsel for Respondent(s) : C.S.C., Yatindra
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondent, Mr. Yatindra, learned counsel for the respondent no.4
and perused the record.
The petitioner has preferred instant writ petition for a direction upon
respondents to pay the full amount of family pension as directed in the
pension payment order (PPO) dated 18.03.2019 to the tune of Rs.9325/-
plus Dearness Allowances per month.
Learned counsel for the petitioner submits that the petitioner had been
receiving the full amount of family pension as directed by the order dated
18.03.2019, amounting to Rs. 9,325/- per month, along with dearness
allowance. However, the family pension has been reduced without any
notice, opportunity of hearing, or any order. In this regard, a
representation has been moved before Respondent No. 4, and therefore, a
direction may be issued to the Respondent No. 4 to decide the
representation within a stipulated period.
Learned counsel for the respondents submits that in case petitioner moves
a fresh application/representation before the competent authority, the
same shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case but without
expressing any opinion on the merits of the case set up on behalf of the
petitioner, the present writ petition is disposed of by providing that the
petitioner may make fresh application/representation, ventilating all her
WRIA No. 6689 of 2026
2
grievances, supported by such documents, as may be advised, before the
respondent no.4; Basic Shiksha Adhikari, Bulandshahar within three
weeks from today along with a certified copy of this order. On such
representation being made, respondent no.4 shall make all endeavours to
consider and decide the same, strictly in accordance with law, by means
of a reasoned and speaking order, after giving proper opportunity of
hearing to the parties concerned, as expeditiously as possible, preferably
within a period of six weeks from the date of production of certified copy
of this order.
(Mrs. Manju Rani Chauhan,J.)
May 5, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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