DEENA NATH PANDEY Vs. VISHNU SHYAM DWIVEDI

JUDGEMENT

(1.) THE writ petition filed by the applicant was allowed by a Division Bench of this Court vide judgment and order dated 21.7.2004 passed in Special Appeal No.336 of 2003. Against the judgment and order of the Division Bench the State of U.P. preferred a special leave to appeal before the Apex Court, which was dismissed as having become infructuous vide order dated 22.9.2006. The special leave petition was dismissed on the ground that Smt. Ram Sakhi Devi, the widow -respondent who claimed the family pension had since died. After the dismissal of the special leave petition, the applicant Deena Nath Pandey, son of late Diwakar Prasad Pandey and Smt. Ram Sakhi Devi, claimed the family pension which was duly admissible to his mother. When the same was not being paid, the present contempt application has been filed. The claim is precisely for the family pension for the period from 1.10.1981 till 1.1.2005, the date on which Smt. Ram Sakhi Devi died.

(2.) IN the contempt proceedings after issuing notices, compliance affidavit was filed by Smt. Shushila Das, Deputy Director of Education, Azamgarh Region, Azamgarh (O.P. No.2). According to the contents of the said affidavit, the family pension payment order was issued on 15.2.2011, addressed to the Senior Treasury Officer, Ballia and copy of the same was marked to Smt. Ram Sakhi Devi.

(3.) THE fact remains that the applicant's mother litigated for a long period to receive the family pension and even after her appeal was allowed by the Division Bench she could not receive the family pension and even after her death the amount due under the payment order has still not been received. Apparently there is some mischief either in the Office of the Deputy Director of Education, Azamgarh Region, Azamgarh or in the Office of the Senior Treasury Officer, Ballia. Therefore it has become imperative to obtain specific instructions from whoever are posted as the Deputy Director of Secondary Education, Azamgarh Region, Azamgarh and the Senior Treasury Officer, Ballia with regard to the dispatch and receiving of the family pension payment order dated 15.2.2011. Sri K.R. Singh, learned Standing Counsel shall inform both the Authorities referred to above about this order within three days. Further the Registrar General of this Court shall also dispatch a copy of this order to both the Authorities and ensure its service through the Chief Judicial Magistrate concerned within a week.