SAIYADA Vs. DIRECTOR GENERAL OF POLICE U P

JUDGEMENT

(1.) Smt. Saiyada widow of late constable Iqbal Hussain has filed this writ petition for writ of mandamus directing the opposite parties to make necessary orders for the payment of arrears of pension with effect from 1.6.1977 to 30.12.1979 relating to constable Iqbal Hussain who retired from district Ghazipur, to pay her the entire balance of retirement dues of her late husband and further to issue a writ in the nature of mandamus directing the opposite parties to fix the family pension and to pay the arrears w.e.f. 1.1.1980. A counter-affidavit of Sri Ram Palat Yadav, Deputy Superintendent of Police, district Ghazipur, has been filed.

(2.) I have heard Sri G. C. Gahrana, learned counsel for the petitioner and learned standing counsel for the respondents.

(3.) Briefly stated the facts of the case are, that late Iqbal Hussain served as constable in U.P. Police. He was last posted at police station Dildarnagar, district Ghazipur, and retired on 30.5.1977. After his retirement, he made efforts to get his pension fixed. It is alleged that a pension payment order was issued by the office of Accountant General, U.P. to the Treasury Officer, Ghazipur. The original payment order was not traceable to the petitioner. The entire payment was not made due to illness of Iqbal Hussain who died on 30.12.1979 leaving petitioner and a daughter Shahjehan. After his death, the petitioner as a widow of late constable Iqbal Hussain made an application to the Treasury Officer, Ghazipur, for payment of arrears of pension, and also payment of family pension and other dues. After several reminders she received a letter dated 31.1.1982 in the name of her late husband Iqbal Hussain from the office of Treasury Officer, Ghazipur, requiring the sanction of the office of Accountant General, U.P. She received a copy of letter from the office of Accountant General, dated 22.5.1985 for production of certificate and other papers regarding the proof of succession. After detailed correspondence and reminders in which some doubts were raised about the option given by the pensioner for receiving the pension at Ghazipur whereas he was a permanent resident of Jaunpur, a letter dated 4.1.1985 was received by the petitioner from the office of Superintendent of Police, Ghazipur, informing petitioner, as per information received from the police headquarters, that late Iqbal Hussain had divorced his wife in his life time, and thus she is not entitled to family pension.