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Allahabad High Court

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

Decided

Holding

The Court ordered the competent authority to consider and decide the petitioner’s application for family pension within twelve weeks, without examining the merits.

Summary

Smt. Jeera Devi filed a writ petition after her husband, Sugai Ram, a retired Consolidation Lekhpal, died on 26-11-2019. She had submitted three applications (5-3-2021, 29-4-2022, 13-8-2025) to the Settlement Officer, Gorakhpur, seeking release of his family pension, but no decision was rendered. The petitioner argued that the delay violated her right to a timely pension. The Court, noting that the application remains pending before the competent authority, directed that the authority must consider and decide the petitioner's claim expeditiously, preferably within twelve weeks, after hearing all heirs, provided no other legal impediment exists. The Court expressly stated it did not examine the merits of the pension claim.

Issues considered

  • Whether the competent authority should be directed by the High Court to decide a pending family pension application of the petitioner’s deceased husband.

Subjects

  • family pension
  • writ petition
  • competent authority
  • direction
  • pending application
  • hearing
  • heirs

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                          WRIT - A No. - 16035 of 2026

                                    Smt. Jeera Devi
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Anil Kumar Chaudhary
                                    Counsel for Respondent(s)                   :   C.S.C.

                                    Court No. - 33
                                                     HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Contention of learned counsel for the petitioner is that husband of the
                                    petitioner, namely, Sugai Ram retired from the post of Consolidation
                                    Lekhpal and he died on 26.11.2019. Petitioner moved application on
                                    5.3.2021, 29.4.2022 and 13.8.2025 before the respondent no.2, Settlement
                                    Officer Consolidation, Gorakhpur for the release of the pension in favour of
                                    the petitioner but the applications for the petitioner has not been decided as
                                    yet.

                                    2. Learned Standing Counsel has submitted that since the application of
                                    petitioner for grant of family pension is pending before the competent
                                    authority, it would be appropriate that a direction may be issued to the
                                    competent authority to consider and decide the application/representation of
                                    petitioner.

                                    3. Accordingly, the writ petition stands disposed of at this stage, with a
                                    direction to the competent authority to consider and decide the
                                    application/representation of petitioner for release of family pension, in
                                    accordance with law, expeditiously, preferably, within twelve weeks from
                                    the date of production of a certified copy of this order after providing
                                    opportunity of hearing to all the heirs of deceased employee, provided there
                                    is no other legal impediment.

                                    4. It is made clear that this Court has not examined the matter on merits of
                                    the case.

                                    September 30, 2026
                                    Kumar Manish
                                                                                      (Manish Kumar Nigam,J.)




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad


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