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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