Read Time: 05 minutes

Synopsis

The Allahabad High Court recently struck off a statement from a litigant's affidavit, deeming it scandalous. The affidavit described the petitioner, an elderly woman facing financial difficulties, as the character 'Musaddi Lal' from the TV series 'Office-Office'.

The bench of Justice J.J. Munir deemed such language unacceptable for the court record.

"This Court can understand the anguish of the petitioner, but that does not justify the pleadings in Court being marred with employment of colloquial expressions and scandalous pleadings", said the bench. 

The matter pertained to the disbursement of family pension to the widow of a government employee. The woman moved the high court alleging that she had been receiving family pension since December 4, 2010, pursuant to a court order. However, another woman who previously surrendered her claim, filed a petition in 2011, obtaining an interim stay on the pension payment. This petition was dismissed in 2022, and the stay was lifted.

The high court found substance in the woman's claim and in January this year, ordered the authorities to keep paying family pension to the petitioner till disposal of her writ petition. 

However, in April, the court was apprised that the petitioner was not receiving the pension without any justification provided.

In response, the court directed the Deputy Director of Secondary Education, Azamgrah Region, Azamgarh, and the Senior Treasury Officer, Ballia, to adhere to the court's January order within one week. The court then scheduled the matter for further consideration in May.

On May 1, the Senior Treasury Officer, Ballia filed an affidavit of compliance which stated that the pension as well as arrears of family pension upto the month of March, 2024 had been paid to the petitioner. 

In reply to this compliance affidavit, the petitioner's counsel filed a rejoinder affidavit. 

The high court noted that in three paragraphs of the rejoinder affidavit, the petitioner had "employed some scandalous language".

One paragraph stated that despite being eligible for family pension, the petitioner faced refusal from Respondent No. 3 (the Senior Treasury Officer, Ballia) due to unmet illegal demands.

Describing the petitioner as an elderly woman enduring severe financial distress, the three paragraphs likened her situation to 'Musaddi Lal' from the TV show 'Office-Office'.

The high court deemed such language unacceptable for the record and expunged it accordingly.

While posting the matter for further hearing on May 16, 2024, court ordered that the family pension shall be paid to the petitioner, month-by-month, without fail until further order from the court.

Case Title: Smt. Shobhawati Pandey v. State of U.P. and others