PRAKASH NARAIN AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been moved for enforcement of an obligation cast by Rule 51 of the U. P. Security Prisoner's Rules, 1972 (hereinafter referred to as the Rules) on the State Government to pay maintenance allowance to the dependents of a security prisoner. The petitioner is a security prisoner within the meaning of these Rules. The petitioner moved an application for payment of maintenance allowance to his dependents, his wife and two minor children as they had no means of subsistence. That application has not yet been decided. A counter-affidavit has been filed by the District Magistrate stating that he had looked into the file and directed an enquiry to be made through the Tehsildar. The District Magistrate also sent a reminder to him on 16-2-1976 to expedite the enquiry but it appears that nothing has yet been done. The District Magistrate has stated in the counter-affidavit that ultimately the State Government will pass the orders on the petitioner's application after receiving the report from him.

(2.) THE petitioner has now approached this Court with a prayer that a mandamus be issued to the State Government to decide his application about the payment of maintenance to his dependents. Sub- section (1) of Rule 51 of the U. P. Security Prisoner's Rules, 1972 provides:

(3.) IN the result, the petition is allowed. Let a writ in the nature of mandamus issue directing the State Government to decide the petitioner's application under Rule 51 of the U. P. Security Prisoner's Rules, 1972 within a period of one month from today. Petition allowed.