Allahabad High Court
KUSHMA DEVIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the petition should be disposed of and the petitioner must file a fresh representation for the respondents to consider the grievance.
Summary
The petitioner, Kushma Devi, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to pay arrears of family pension and other pecuniary benefits due after the death of her husband, a Class‑IV employee, on 06‑11‑2017. The petitioner alleged that while some benefits had been granted, the arrears of family pension remained unpaid. The Court examined the petition and noted that the grievance could be addressed through a fresh representation by the petitioner detailing the pending benefits. Accordingly, the Court did not issue a mandamus but directed the petitioner to file a fresh representation for consideration. The petition was disposed of without any order for immediate payment of the arrears.
Issues considered
- Whether the petitioner is entitled to arrears of family pension and other pecuniary benefits after the death of her husband.
- Whether a writ of mandamus should be issued directing the respondents to pay the arrears.
Subjects
- family pension
- arrears
- mandamus
- writ petition
- posthumous benefits
- civil service pension
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5508 of 2026
Kushma Devi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Trivedi
Counsel for Respondent(s) : C.S.C., Saurabh Tiwari
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for parties.
2. Petitioner’s husband while working on a Class-IV post died on
06.11.2017 and thereafter some pecuniary benefits were granted,
however, petitioner is still left with grievances that certain benefits
including arrears of family pension etc. have still not been paid.
Therefore, she has approached this Court that a writ of mandamus be
issued.
3. In aforesaid circumstances, considering the averments made in this writ
petition as well as the prayer, it is disposed of that if petitioner submits a
fresh representation mentioning all necessary details to consider her
grievances, the concerned respondent will consider it expeditiously.
(Saurabh Shyam Shamshery,J.)
April 20, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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