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Allahabad High Court

LALI DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petitioner must file a fresh representation before respondent No.3 and, accordingly, the writ petition stands disposed.

Summary

Lali Devi filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to grant her pension, pensionary benefits, arrears and 12% interest for the services of her deceased husband. The petitioner claimed that her claim was pending before the respondents. The State’s standing counsel suggested that a fresh representation would be decided promptly. The Court directed the petitioner to file a fresh representation, with a certified copy of the order, before respondent No.3 within one month, and ordered that the representation be decided within two months, citing the judgment in Daroga Singh v. State of U.P. (Writ‑A No.10232 of 2010). Consequently, the writ petition was disposed. The order was signed by Justice Vikram D. Chauhan.

Issues considered

  • Whether the Court should issue a mandamus directing the respondents to grant the pension and related benefits to the petitioner.
  • Whether the petitioner must first file a fresh representation before respondent No.3 before any relief can be granted.

Subjects

  • pension
  • mandamus
  • writ petition
  • fresh representation
  • administrative law
  • Uttar Pradesh

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - A No. - 3751 of 2026

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

                                    Counsel for Petitioner(s)                     :   Udai Prakash Deo Pandey
                                    Counsel for Respondent(s)                     :   C.S.C.

                                    Court No. - 34
                                                       HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the State.

                                    2. The writ petition is filed with the following prayer:
                                    "i. Issue a writ, order or direction in the nature of mandamus directing the
                                    respondents to grant the pension and pensionary benefits, arrears etc. to the petitioner
                                    (in lieu of her husband's services) in accordance with law along-with 12% interest on
                                    delayed payment to the petitioner in accordance with law, otherwise the
                                    petitioner/applicant shall suffer an irreparable loss and injury,"

                                    3. It is submitted by learned counsel for the petitioner that the claim of
                                    petitioner for granting pension and pensionary benefits, arrears etc. along
                                    with 12% interest on delayed payment, is pending consideration before the
                                    respondents.

                                    4. Learned Standing Counsel submits that in case petitioner files a fresh
                                    representation, the same would be decided in a time bound manner.

                                    5. Considering the facts and circumstances of the case, it is hereby provided
                                    that petitioner shall file a fresh representation along with a certified copy of
                                    this order within one month from today before the respondent no.3. In the
                                    event any such representation is filed, the same would be considered and
                                    decided by respondent no.3, in accordance with law, within a period of two
                                    months thereafter keeping in view the judgment and order dated 3.5.2018
                                    passed in Writ-A No.10232 of 2010 (Daroga Singh and others Vs. State of
                                    U.P. and others).

                                    6. With the aforesaid observation/direction, the writ petition stands disposed
                                    of.
                                    March 19, 2026
                                    D. Tamang
                                                                                              (Vikram D. Chauhan,J.)




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad


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