Allahabad High Court
SNEHA VERMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court ordered the Tehsildar to issue the family member certificate within two weeks or explain the inability to do so, thereby disposing the writ petition.
Summary
Mrs. Mamta Guragain, appearing for petitioner Sneha Verma, sought a family member certificate required to claim a family pension and a compassionate appointment after the death of her husband, who was her second marriage. The petitioner had earlier filed Writ A No. 10239 of 2025, which was disposed on 30 July 2025 directing her to make a fresh representation before the District Inspector of Schools, Maharajganj. The District Inspector issued a communication on 7 March 2026 but the requisition remained unfulfilled, and the first wife, who was the nominee, failed to appear. The petitioner approached the Tehsildar (respondent No.5) with the certified copy of the earlier order and the DI’s communication, requesting issuance of the certificate. The Court directed the Tehsildar to issue the family member certificate within two weeks of the communication or to state reasons for any inability to do so. Accordingly, the writ petition was disposed.
Issues considered
- What is the authority of the court to direct the Tehsildar to issue a family member certificate to the second wife despite the first wife's claim?
- Whether the failure of the District Inspector of Schools to fulfill the requisition justifies a court‑ordered issuance of the certificate.
Subjects
- family pension
- family member certificate
- second wife
- nominee
- compassionate appointment
- writ petition
- District Inspector of Schools
- Tehsildar
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 14721 of 2026
Sneha Verma
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Km. Anjana, Rajendra Kumar Ojha
Counsel for Respondent(s) : C.S.C.
Court No. - 29
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Mrs. Mamta Guragain, learned advocate appears on behalf of petitioner
and submits, her client's husband died. She seeks direction upon
respondent nos. 2 to 4 to consider her application dated 16th January,
2026, to issue family member certificate. She requires the certificate as
then she will be able to apply for the family pension as well as
compassionate appointment. Difficulties are being faced because her
client is the second wife.
2. She submits further, her client had earlier moved the learned single
Judge by Writ A no.- 10239 of 2025 (petitioner's own case). It was
disposed of on order dated 30th July, 2025. Paragraph 5 from said order is
reproduced below.
"5. Without entering into merits of the case, I am inclined to allow the
innocuous prayer made by learned counsel appearing on behalf of the
petitioner as no objection made on behalf of learned Standing Counsel
appearing on behalf of State-respondents. The petitioner is directed to file
a fresh representation along with present writ petition as well as certified
copy of this order before respondent no.2, District Inspector of Schools,
Maharajganj within 10 days from today. After receiving the said
representation, respondent no.2 is directed to decide the said
representation in accordance with law, expeditiously, preferably within a
period of eight weeks from the date of receiving of the said
representation."
WRIC No. 14721 of 2026
2
3. Mr. Ashim Mukherjee, learned advocate, Standing Counsel appears on
behalf of State. Referring to order dated 7th March, 2026 issued by the
District Inspector of School (DI) he submits, the requisition has not been
fulfilled. Furthermore, the first wife has also claimed. On query he
submits, the first wife has not shown up. Mrs. Guragain submits, her
client's husband had filed divorce suit, wherein the first wife appeared but
did not file written statement.
4. We have ascertained, concerned state department is aware that the first
wife was named as nominee of the deceased but she has not turned up. In
the circumstances, the learned single Judge passed said order dated 30th
July, 2025, directing petitioner to make fresh representation. It is obvious,
on the representation made, aforesaid communication dated 7th March,
2026 was issued by the DI. On query Mrs. Guragain submits, respondent
no.5 (the Tehsildar) is to issue the required certificate.
5. Petitioner will approach respondent no.5 with certified copy of this
order as well as copy of aforesaid communication dated 7th March, 2026
issued by the DI. Said respondent is directed to issue the certificate within
two weeks of the communication or inform reason(s) for inability to do
so. Upon obtaining the certificate, petitioner can take things forward as
the requisition of DI she can then fulfill. In event of non-issuance, she has
to find her remedy.
6. The writ petition is disposed of.
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
May 5, 2026
Mohini
Digitally signed by :-
MOHINI RAI
High Court of Judicature at Allahabad
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