MANNAWATI Vs. ZILA PANCHAYAT SHAHJAHANPUR

JUDGEMENT

(1.) Heard Sri B.B. Jauhari, learned counsel for the appellants, Sri Anupam Tripathi, learned counsel for the respondent no.3 and Sri Moti Lal, learned Standing Counsel for the State.

(2.) This Second Appeal under Section 100 C.P.C. has been filed by the plaintiffs being aggrieved by judgment and decree dated 05.11.2005 passed by the Court of Additional District Judge, Court No.8, Shahjahanpur in Civil Appeal No.43 of 2001, Smt. Mannawati and others Vs. Zila Panchyat and others by which the learned Appellate Court has dismissed the appeal of the appellants and has confirmed the order of the Trial Court and the judgment and decree dated 18.07.2001 passed in original Suit No.378 of 1997 by the Additional Civil Judge, (Junior Division), Shahjahanpur dismissing the suit of the plaintiff.

(3.) Plaintiff had filed a suit alleging that plaintiff no.-1, Smt. Mannawati is the legally married wife of Ram Saran Tripathi who was an employee of the respondent no.5 and appellant nos.1/1, 1/2 and 1/3 are her children. It was alleged that Smt. Mannawati was granted maintenance against Ram Saran Tripathi under Section 125 Cr.P.C. Ram Saran Tripathi had challenged such order in revision which was registered as Criminal Revision No.69 of 1988 wherein on the basis of a compromise, revision was dismissed inasmuch as revision-petitioner Ram Saran Tripathi had agreed to pay maintenance to Mannawati-respondent. It is submitted that name of son of Mannawati, Mahesh Chandra Tripathi in High School Mark-sheet and other certificates shows Ram Saran Tripathi as his father, therefore the respondents could not have denied the benefit of family pension to Smt. Mannawati on death of Ram Saran Tripathi.