IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 106 of 2007 (S/S) Smt. Leelawati Pant W/o late Sri Leeladhar Pant R/o Kusumkhera, Post Office Haripura Naik, Tehsil Haldwani, District Nainital, Uttarakhand. . Petitioner ...………… [ Versus 1. Union of India through its Secretary Central Health and Family Welfare Central Secretariat, New Delhi. 2. The Superintendent Lok Nayak Jai Prakash Narayan Hospital New Delhi. 3. The Chief Accounts Officer Delhi Administration Gokhley Marg, near Mori Gate Bus Terminal, Delhi. ...…………. Respondents Mr. Pooran Singh Rawat, learned counsel for the petitioner. Mr. Ghanshyam Joshi, Advocate holding brief of Mr. Arvind Vashistha, Asstt. Solicitor General for Union of India for respondent No. 1. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus, commanding the respondents to grant family pension to the petitioner in pursuance to the order dated 10.07.1985 w.e.f. 22.09.1977. 2 3) Brief facts of the case are that the husband of the petitioner was appointed as telephone clerk on 16.06.1944, and confirmed on 31.08.1948. The petitioner’s case is that vide Government Order dated 10th July 1985, she is entitled to the family pension after the death of her husband on 16.12.1957, in S.J.T.B. Hospital, Delhi. 4) In the counter affidavit filed on behalf of the respondents following averment has been made in Para 8 of the counter affidavit: “That in the light of said facts and circumstances, the claimant is entitled for the family pension retrospectively, accordingly, this office agrees to grant the family pension to the petitioner provided she completes the formalities required for finalization of her case…………………………” 5) In view of the above averment, this writ petition is allowed with the direction that the respondents shall grant the family pension to the petitioner provided she completes the formalities, as required for finalization of her case. (Misc. Application No. 2091 of 2008 also stands disposed of). (Prafulla C. Pant, J.) [ Dt. September 04, 2008. H.Negi