Allahabad High Court

SMT. IMARTI DEVIversusTHE HIGH COURT OF JUDICATURE AND 3 OTHERS

Decided: 6 May 2026
Bench: ANISH KUMAR GUPTA

Holding

The Court directed the petitioner to file a fresh representation before the Registrar General within three weeks, and the petition was disposed.

Summary

The petitioner, Imarti Devi, sought to enforce the payment of consequential benefits that were ordered to be restored after her late husband, Chhote Lal, a Class‑IV employee of the Allahabad High Court, had his punitive order of one‑increment stoppage quashed by the Court in Writ Petition No. 59565 of 2006 (order dated 07‑12‑2012). The husband had retired in December 2006 and died in January 2013, and the petitioner claimed that the amount withheld under the earlier order of 11‑09‑2006 had not been paid. The Court examined whether the petitioner could directly claim the benefits or needed to file a fresh application before the Registrar General. It held that the petitioner must file a fresh, comprehensive representation within three weeks, after which the matter will be decided in accordance with the 07‑12‑2012 judgment. Consequently, the petition was disposed with a direction to approach the respondent afresh.

Issues considered

What relief, if any, is available to the petitioner for payment of consequential benefits after the quashing of the punitive order and the death of the employee?

Subjects

service law
punishment
increment stoppage
consequential benefits
writ petition
post‑retirement benefits
death of employee

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 66529 of 2015

Smt. Imarti Devi
.....Petitioner(s)
Versus

The High Court Of Judicature And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Alok Sharma, Bhagwan Dutt Pandey,
Indra Raj Singh
Counsel for Respondent(s) : Bushra.Mariyam, C.S.C., Manish
Goyal(Senior Adv.)

Court No. - 34

(Sl.No.71)

HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Bhagwan Dutt Pandey, learned counsel for the petitioner, Sri
Chandan Sharma, learned counsel for the respondent no.1 and Sri Prem
Shankar Mishra, learned Standing Counsel for the State.

2. The instant petition has been filed by the petitioner seeking quashing of
the order dated 18.12.2012 communicated by letter dated 22.03.2014 and
payment of all consequential benefits in terms of the order dated
07.12.2012 passed by this Court in Writ Petition No. 59565 of 2006,
(Chhote Lal vs. the Registrar General, Hon'ble High Court of Judicature
at Allahabad).

3. The briefly stated facts of the case are that the husband of the
petitioner, Late Chhote Lal was engaged as Class-IV employee on
01.11.1968 by the High Court. Thereafter the husband of the petitioner
was working as Lower Divisional Assistant/Review Officer at High Court
of Judicature at Allahabad. On 06.01.2006, a charge sheet was issued
against the petitioner for the loss of a case file of Writ Petition No.10104
of 1979. After holding due enquiry, the enquiry report was submitted, a
show cause notice was issued and thereafter vide order dated 11.09.2006,
the Registrar General of this Court had awarded punishment of stoppage
of one increment with cumulative effect. Being aggrieved by the same,
WRIA No. 66529 of 2015
2

the husband of the petitioner filed Writ-A No. 59565 of 2006 before this
Court, which was allowed vide order dated 07.12.2012 and the said order
dated 11.09.2006 was hereby quashed and the husband of the petititoner
was held entitled for all consequential benefits. In the meantime, during
the pendency of the said petition before this Court, on 31.12.2006, the
husband of the petitioner retired and later on 20.01.2013 the husband of
the petitioner died. Thereafter the petitioner herein being the wife of the
said Chhote Lal, had moved applications to pay all consequential benefits,
the amount deducted pursuant to the withholding of one increment with
cumulative effect, pursuant to the order dated 11.09.2006, the same has
not yet been paid to the petitioner as stated by the petitioner.

4. In such circumstances, the instant petition is disposed of with a
direction to the petitioner to move a fresh and comprehensive
representation before the respondent no.1 within a period of three weeks
from today. On such representation being filed by the petitioner, the same
shall be considered and decided in accordance with law in the light of the
judgment dated 07.12.2012 passed by this Court in the previous writ
petition filed by the petitioner.

(Anish Kumar Gupta,J.)
May 7, 2026
Ashish Pd.

Digitally signed by :-
ASHISH PRASAD
High Court of Judicature at Allahabad

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