Allahabad High Court
SMT. DEVKI DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to Respondent No.3 to decide the petitioner’s representation within eight weeks.
Summary
Petitioner Smt. Devki Devi filed a writ petition seeking a mandamus directing Respondent No.3 to release the post-retirement dues and family pension of her deceased husband, Jeevan Chandra Arya, pursuant to a letter dated 17‑09‑2025 issued by Respondent No.2. The petitioner alleged that despite the earlier direction, no order had been passed by Respondent No.3. The Standing Counsel for the State suggested that the petition be disposed and that Respondent No.3 be ordered to decide the petitioner's representation within a fixed period. The Court, without adjudicating the merits, disposed of the petition and directed Respondent No.3 to consider and decide the representation expeditiously, preferably within eight weeks, subject to no other legal impediment. The order was signed by Justice Manish Kumar Nigam on 8 September 2026.
Issues considered
- Whether Respondent No.3 should be directed to release the retirement dues and family pension of the deceased husband as per the earlier direction of Respondent No.2.
- Whether a writ of mandamus is appropriate in the present circumstances.
Subjects
- writ of mandamus
- retirement dues
- family pension
- post‑retirement benefits
- administrative law
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13956 of 2026
Smt. Devki Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Pratap Singh, Neeraj Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue a writ, order or direction, in the nature of mandamus directing the
respondent no.3 to the release the retiremental dues of petitioner's
husband Late Jeevan Chandra Arya and family pension in favour of
petitioner in pursuance of the letter dated 17.09.2025 issued by
respondent no.2. (Annexure No.14 to this writ petition)."
3. Learned counsel for the petitioner contended that despite direction being
issued on 17.09.2025 by respondent no. 2 to release post retiral dues of
deceased husband of the petitioner, no orders have been passed by
respondent no. 3.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no. 3 to decide the representation of the petitioner within a
time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 3 to consider and decide the
aforementioned representation of the petitioner, in accordance with law,
expeditiously, preferably within a period of eight weeks from the date of
WRIA No. 13956 of 2026
2
production of a certified copy of this order after giving opportunity of
hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 8, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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