Allahabad High Court
SMT. JEERA DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
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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