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Allahabad High Court

SMT SAVITRI DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court directed the respondents to pay all pending retirement dues within three months, otherwise recovery proceedings may be initiated.

Summary

Smt. Savitri Devi, the widow of the late Dulare Lal, a retired Executive Officer of Nagar Panchayat Ghiror, filed a writ petition seeking the payment of his post‑retirement benefits, including pension, gratuity, GPF, and family pension, which remained unpaid after his death in 2020. The petitioner alleged that despite filing a representation on 06‑10‑2025, the authorities had not released the dues, causing financial hardship. The respondents contended that an interim pension had been paid and that the remaining amounts would be cleared soon. The Court observed that the petitioner was being compelled to approach the judiciary without any fault of her own and directed the respondents to either pay the outstanding dues or show cause why they were not paid. It issued a mandamus‑like direction that all pending retirement benefits be paid within three months from the order, failing which recovery proceedings may be initiated. The petition was consequently disposed with the said direction.

Issues considered

  • Whether the State authorities are liable to pay the pending post‑retirement benefits to the widow of a deceased government employee.
  • Whether the High Court can issue a mandamus directing the payment of such benefits within a specified time frame.
  • Whether a show‑cause notice can be issued to the respondents for non‑payment of the dues.

Subjects

  • pension
  • gratuity
  • post‑retirement benefits
  • mandamus
  • widow
  • government employee
  • High Court
  • writ petition

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - A No. - 15910 of 2025

Smt Savitri Devi
                                                             .....Petitioner(s)
                                    Versus
State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)        : Prashant Shukla, Ram Prakash Upadhyay
Counsel for Respondent(s)        : C.S.C., Saurabh Tiwari

Court No. - 32
           HON'BLE SAURABH SHYAM SHAMSHERY, J.

1. Heard learned counsel for the parties.

2. This Court has passed following order on 13.11.2020:

     "Heard learned counsel for the petitioner, Mr. Saurabh Tiwari,
     learned counsel for respondent no.4 and Ms. Anuradha
     Sundaram, learned Additional Chief Standing Counsel for the
     State-respondents.

     Learned counsel for the petitioner is permitted to carry out the
     necessary correction in the array of parties, correcting the
     description of respondent no.4, who is represented through its
     Executive Officer, during the course of the day.

     The writ petition has been filed with the following prayers:-
     "(i) Issue a writ, order or direction, in the nature of mandamus to
     compute and release the amount of pension, gratuity, GPF,
     family pension and all other post retiral benefits due in favour of
     the husband of the petitioner, namely, late Dulare Lal, who was
     posted as Executive Officer in Nagar Panchayat Ghiror, District
     Mainpuri at the earliest in accordance with law.

     (ii) Issue a writ, order or direction, in the nature of mandamus
     commanding the respondents to consider and decide the
     representation of the petitioner dated 06.10.2025 within
     stipulated period."

     Learned counsel for the petitioner submits that husband of the
     petitioner after retirement on 30.11.2014, died in the year 2020,
     and till date no post retiral benefits and other claims have been
     paid to the petitioner.
                                                                                             WRIA No. 15910 of 2025
                                                                    2

                                         Ms. Anuradha Sundaram, learned Additional Chief Standing
                                         Counsel, emphasizing upon page-27, submits that certain
                                         documents as required from respondent no.4 for making
                                         payments to the petitioner.

                                         On the aforesaid, learned counsel for the respondents requests
                                         for time to obtain instructions in the matter.

                                         The Court feels that without any fault on her part, the petitioner
                                         is being compelled to run from pillar to post and has been forced
                                         to approach this Court for the payment which is her legal dues.
                                         In the present time, authorities should pay attention in such
                                         matters pondering over as to how a person would meet out the
                                         needs in daily life of his dependents.

                                         In view of the aforesaid, learned counsel for respondent no.4 and
                                         learned Standing Counsel are required to inform the respondent
                                         authorities either to pay the dues of the petitioner or show cause
                                         by filing the counter affidavit on the next date, as to why the
                                         retiral benefits and other admissible claims of the petitioner have
                                         not been paid to her till date.

                                         Put up as fresh on 05.12.2025."

                                    3. Learned counsel for the respondents on basis of instructions submitted
                                    that some retiral dues has already been paid such as interim pension and rest
                                    of the retiral dues will be paid as soon as possible.

                                    4. Learned counsel for the petitioner submits that some time bound direction
                                    may be passed so that retiral dues be paid since petitioner is facing financial
                                    problems as her husband died on 19.5.2021.

                                    5. In the aforesaid circumstances, this writ petition is disposed of with a
                                    direction that in case all retiral dues are not paid on priority basis within a
                                    period of 3 months from today and petitioner is constraint to approach this
                                    Court again due to their default, it may be a case of recovery from concern
                                    respondent.

                                    April 23, 2026
                                    SB                                          (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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