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Allahabad High Court

SMT. DEVKI DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

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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