HASEEN BI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Ikram Ahmad, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 and 2 and Sri Pankaj Srivastava, learned counsel for the respondent no.3.

(2.) The petitioner in this writ petition as assailed the order dtd. 18/11/2022 whereby the petitioner has been directed to furnish a succession certificate issued by the District Judge in support of her claim for family pension. The petitioner is the daughter of Late Kalbe Ali Khan who was a Government Employee and after his death his wife Smt. Khateeja Begum was receiving pension vide P.P.O. No.318152. However, later on she died in the year 2015 and the petitioner was made to run from pillar to post for getting family pension cleared for her.

(3.) It is argued by learned counsel for the petitioner that the petitioner is entitled to family pension in terms of the Government Order dtd. 3/12/2012 which provides that even after attaining the age of 25 years, the dependent would be entitled to family pension that includes an unmarried daughter. It is submitted that in the light of the relevant provisions that lay down the procedure as per the Government Order dtd. 8/8/1986 for the purpose of family pension, an applicant is required to furnish necessary succession certificate or an affidavit filed before the Executive Magistrate/Tehsildar in the event the department concerned has not been able to verify the facts regarding claim of the petitioner as dependent of the deceased employee or his widow, who used to receive pension and family pension respectively.