Allahabad High Court
RUKSANAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The petition was disposed of at the admission stage without adjudicating the merits, directing the petitioner to make a fresh representation before the respondent.
Summary
The petitioner, as nominee of his deceased mother who was a government employee, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and others to pay the mother's post‑retiral dues. He contended that the criminal case that led to his mother's suspension had concluded and that, as nominee, he was entitled to the dues. The Court, after hearing counsel, disposed of the petition at the admission stage without reaching the merits, noting that the petitioner may file a fresh representation before the Chief Medical Officer with the order attached. The Court directed the respondent to decide the representation within six weeks. The order was ex parte and does not constitute a determination on the substantive right to the dues.
Issues considered
- Whether the petitioner, as nominee of the deceased employee, is entitled to the post‑retiral dues
- Whether a writ of mandamus can be issued directing payment of the dues pending representation
- Whether the petition can be disposed of at the admission stage without hearing the respondents
Subjects
- mandamus
- post-retiral dues
- nominee
- representation
- writ petition
- ex parte
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6736 of 2026
Ruksana
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sharad Kumar Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent-State.
2. The petitioner has preferred present writ petition inter-alia with the
following prayer:-
"(i) Issue a writ of mandamus directing and commanding the respondents
to immediately make the payment of entire post retiral dues of deceased
employee Barkatunnisha in favour of the petitioner within stipulated time
as fixed by this Hon'ble Court."
3. It is argued by learned counsel for the petitioner that petitioner is
nominee of his mother, who died on 04.05.2025 during period of her
suspension. The criminal case on the basis of which mother of the
petitioner was suspended has already came to an end. It is further argued
that petitioner being nominee is entitled for benefit of the post retiral dues
of his mother. In this regard representation has been submitted but till
date no decision has been taken hence present writ petition.
4. With the consent of learned counsel for the parties, the writ petition is
being disposed of at the admission stage itself.
5. In the facts and circumstances, petitioner is permitted to submit a fresh
representation ventilating all his grievances before the respondent no.2-
Chief Medical Officer, District Fatehpur along-with certified copy of this
order annexing all the relevant papers and documents within a period of
WRIA No. 6736 of 2026
2
three weeks from today. If such a representation is made, the respondent
no.2 is directed to pass appropriate order in accordance with law within a
further period of six weeks.
6. With the aforesaid observations, present writ petition is disposed of
finally.
7. Since the writ petition has been decided on an exparte version without
seeking any response from the respondents, thus passing of the order
today may not be construed to an expression that this Court has gone into
the merits of the matter and the second respondent shall accord
independent consideration strictly in accordance with law and the
mandate of law holding the field.
(Prakash Padia,J.)
May 6, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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