9911796707
TMI Blog2013 (9) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... 2007] raising a plea that after her husband had passed away in the year 1980, while serving as the Headmaster in Government Public School, Rampur under the Uttar Pradesh Basic Shiksha Parishad, a meagre and inadequate amount of family pension was being paid to her leaving her in a dire state of penury and distress. The writ petition in question was filed before this Court even while a writ proceeding on the same issue was pending before the Allahabad High Court. Notwithstanding the above, taking into account the peculiar facts of the case, particularly, the distress that the Petitioner claimed to be suffering from, this Court entertained the writ petition and disposed of the same by the order dated 29.7.2008 in the following terms: Keeping ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, dismissed on 4.3.2005. Aggrieved, an intra-court appeal was filed against the said order dated 4.3.2005 in which an interim order was passed directing continuance of payment of family pension to the Petitioner at the rate of Rs. 425/- per month. While the matter was so situated the writ petition under Article 32 of the Constitution [W.P. (C) No. 503/2007] was filed before this Court which was disposed of in terms of the directions already noticed and extracted above. 3. Alleging that the directions issued by this Court on 29.7.2008 while disposing of W.P. (C) No. 503/2007 had not been implemented Contempt Petition (C) No. 6/2009 was filed. Simultaneously, another contempt petition i.e. Contempt Petition(C) No. 7/2009 was instituted c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tallized in a somewhat different manner and the adjudication that would be necessary now has changed its complexion to one of compliance of the directions contained in the order of this Court dated 1.9.2010 by the Accountant General of the State of Uttar Pradesh. The second significant fact is that no serious issue has been raised on behalf of the Petitioner with regard to the necessity of any further adjudication of Contempt Petitions No. 6/2009 and 7/2009 and the entire of the arguments advanced on behalf of the Petitioner has centred around the issues arising in Contempt Petition No. 3/2012. We, therefore, proceed to consider Contempt Petition No. 3/2012 and deem it appropriate to close Contempt Petition Nos. 6/2009 and 7/2009 as not req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner ( No. 2622) in the District Cooperative Bank, Rajdwara, Rampur. Along with his affidavit, the Chief Secretary of the State has also enclosed the certificate of the last pay drawn by the Petitioner's husband which clearly indicates the same to be Rs. 620/- per month. 9. The Respondent No. 2 in the contempt petition, namely, the Accountant General of the State of Uttar Pradesh has also filed an affidavit stating the facts relevant to the case and asserting that the calculations made by the Office of the Basic Shiksha Adhikari, Rampur with regard to family pension due to the Petitioner corresponds to the calculation of such pension made by the office of the Accountant General and that there is no apparent error in the calculation w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... drawn by her husband which she contends to be Rs. 1620/- and not Rs. 620/-. On the aforesaid basis the claim to a higher amount of pension has been made by the Petitioner. Though, the Petitioner has brought on record some material in support of the said claim, i.e., another last pay drawn certificate showing the same as Rs. 1620/- and some extracts from the service book of her husband, the fact remains that the aforesaid documents relied upon by the Petitioner stand contradicted by the last pay drawn certificate brought on record by the Accountant General in his affidavit as also the statements made by the Chief Secretary to the effect that the last pay drawn by the Petitioner's husband was Rs. 620/- per month. Disputed questions of fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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