Allahabad High Court
BHAGWAT SARANversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition is dismissed because the disability certificate was not produced during the employee's lifetime as required by the Government Order.
Summary
The petitioner, Bhagwat Saran, filed a writ petition seeking to quash an order dated 22 April 2026 of the District Basic Education Officer, Bareilly, which rejected his claim for a disability family pension on the ground that a disability certificate was not produced during the lifetime of the deceased employee on whom he was dependent. The respondent, the State of Uttar Pradesh and others, relied on a Government Order dated 12 November 1997 which stipulates that a disability pension is payable only if the disability certificate is produced while the employee is alive. The court noted that, although medical treatment records were submitted, no disability certificate was produced during the employee’s lifetime, which is an admitted fact. Consequently, the court held that the petition was misconceived and dismissed it. The dismissal upholds the requirement of the Government Order for a contemporaneous disability certificate for pension eligibility.
Issues considered
- Whether the denial of disability family pension is justified when the disability certificate was not produced during the lifetime of the deceased employee.
Subjects
- disability pension
- government order
- disability certificate
- writ petition
- quashing order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7261 of 2026
Bhagwat Saran
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditi Pandey, Ankit Yadav, Ramesh
Kumar Tiwari
Counsel for Respondent(s) : C.S.C., Rama Nand Pandey
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, Mr. Rama Nand Pandey, learned
counsel for the respondent-BSA and learned Standing Counsel for the State-
respondents.
This writ petition has been filed with a prayer to quash the impugned order
dated 22.04.2026 passed by the District Basic Education Officer, Bareilly,
whereby the claim of the petitioner for disability family pension has been
rejected on the ground that the disability certificate was not produced during
the lifetime of the deceased employee, on whom the petitioner was
dependent.
At the very outset, learned counsel for Respondent-BSA, placing reliance
upon the Government Order dated 12.11.1997, submits that a person is
entitled to disability pension in view of the said Government Order, with
stipulation that the disability certificate must have been produced during the
lifetime of the employee concerned.
It is an admitted case that though the certificates regarding the treatment of
the petitioner were placed before the authorities, however, no disability
certificate was produced during the lifetime of the employee concerned.
In view of the above, the present writ petition is misconceived and it is,
accordingly, dismissed.
May 14, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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