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Allahabad High Court

SMT. HEMLATA GUPTAversusUNION OF INDIA AND 4 OTHERS

Decided

Holding

The court granted the petitioner liberty to file the explanatory application and disposed of the writ petition.

Summary

The petitioner, Smt. Hemlata Gupta, was receiving family pension from two Employees Provident Fund (EPF) organisations, leading to the seizure of one pension account. She sought permission to file an application before the Assistant Provident Fund Commissioner (Pension), Regional Office, Meerut, to explain the dual receipt. The respondents agreed that if such an application is filed, they would issue a reasoned order and, if the explanation is satisfactory, recall the seizure order. The court, noting the respondents' willingness, granted the petitioner liberty to file the application. Consequently, the writ petition was disposed of without further orders.

Issues considered

  • Whether the petitioner may be permitted to file an application explaining receipt of family pension from two EPF organisations.
  • Whether the seizure of one pension account can be recalled upon satisfactory explanation.

Subjects

  • family pension
  • Employees Provident Fund
  • dual pension
  • seizure of pension
  • Assistant Provident Fund Commissioner
  • writ petition

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                               WRIT - C No. - 38299 of 2026

                                    Smt. Hemlata Gupta
                                                                                                  .....Petitioner(s)
                                                                         Versus
                                    Union Of India And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)          : Kuldeep Kumar
                                    Counsel for Respondent(s)          : A.S.G.I., Ajay Singh, Jagdish Pathak,
                                                                         Krishna Mohan Asthana

                                    Court No. - 36
                                                   HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Rahul Jain, Advocate holding brief of Sri Kuldeep Kumar,
                                    learned counsel for petitioner, Sri Jagdish Pathak, Advocate for
                                    Respondents-2 to 4 and Sri K.M. Asthana, Advocate for Respondent-5.

                                    2. It is alleged that petitioner is getting family pension from two Employees
                                    Provident Fund Organizations, therefore, one of the account of family
                                    pension is seized.

                                    3. Learned counsel for petitioner submits that petitioner has explanation for
                                    that and she be permitted to file an application before Assistant Provident
                                    Fund Commissioner (Pension), Regional Office, Meerut that why she is
                                    taking pension from two Employees Provident Fund Organizations.

                                    4. Learned counsel for respondents submits that in case such an application
                                    is filed, a reasoned order will be passed by concerned respondent
                                    expeditiously and if explanation is found satisfactory, impugned order will
                                    be recalled.

                                    5. In aforesaid circumstances, with aforesaid liberty to petitioner and taking
                                    note of fair submission made by learned counsel for respondents, this writ
                                    petition is disposed of.

                                    September 23, 2026
                                    AK                                            (Saurabh Shyam Shamshery,J.)



Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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