Allahabad High Court
KIRAN RATHIversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The petition stands disposed, with liberty granted to the petitioner to make a fresh representation before the Regional Accounts Officer, Northern Railway.
Summary
The petitioner, Kiran Rathi, sought the recovery of Rs.5,36,092 that had accumulated in the bank account of her deceased mother, Late Kamla Devi, a family pensioner of the Indian Railways. The Union Bank of India had reverted the amount to the railway authorities without prior notice, citing the absence of a life certificate and lack of withdrawals since May 2018. The High Court noted that the pension entitlement ceased upon Kamla Devi's death on 11 June 2019, a fact not considered by the railway department before ordering the reversion. The Court held that the petitioner's case had not been examined on its merits and therefore allowed her to make a fresh representation before the newly impleaded Regional Accounts Officer, Northern Railway. The petition was disposed, granting the petitioner two months to file the representation and directing the railway officer to decide within six months.
Issues considered
- Whether the bank's reversion of pension funds without notice is legally valid.
- Whether the petitioner, as heir, is entitled to claim the accumulated pension amount of the deceased mother.
- Whether the railway authority erred by not considering the death of the pensioner and the lack of a life certificate before ordering the reversion.
- Whether the petitioner may be permitted to file a fresh representation before the Regional Accounts Officer.
Subjects
- family pension
- life certificate
- bank reversion
- heir
- railway pension
- representation
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 9113 of 2026
Kiran Rathi
.....Petitioner(s)
Versus
Union Of India And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Aamir
Counsel for Respondent(s) : A.S.G.I., Ashish Agrawal,
Sudarshan Singh
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Learned counsel for the petitioner is permitted to implead Regional
Accounts Officer, Northern Railway, New Delhi, as respondent no.5 in
the array of the respondents, during course of the day.
2. Heard learned counsel for the parties. Perused the record.
3. The instant petition although has been filed with the relief that the
amount which was in the bank account of the mother of the petitioner,
Late Kamla Devi be reverted back and paid to the petitioner. The case of
the petitioner is that her mother was receiving pension, which was being
regularly credited to her bank account bearing No. 30051220 maintained
with the Union Bank of India. An amount of Rs.5,36,092/- had
accumulated in the said account. However, the Bank, arbitrarily and
without issuing any prior notice to the petitioner, reverted the said amount
to the concerned authorities.
4. Aggrieved by the said decision, petitioner earlier approached this Court
by means of Writ C No.19403 of 2025 (Kiran Rathi vs. Branch Manager
through Union Bank of India) which was disposed of vide order dated
10.06.2025 directing the Bank to decide the representation of the
petitioner. Pursuant to the said order of this Court, the representation of
the petitioner has been decided vide order dated 01.07.2025, copy of
which has been annexed as Annexure No.8 to the writ petition. The
perusal of the said order reveals that the same only recites that the said
reversion of the amount has been denied pursuant to some finding of a
report from the Railway Department. It however, recites no other reasons.
It is thus clear that the said reversion is at the instance of the railway
authority.
WRIC No. 9113 of 2026
2
5. Thus evidently the case of the petitioner has not been addressed on its
merits. This Court finds that the amount lying in the bank account of the
deceased, Late Kamla Devi, was reverted back. The reason assigned for
such reversion is contained in Clause 5 of the correspondence dated
25.04.2023 addressed by the Railway authorities to the Bank, wherein it
has been stated that the pensioner had not submitted any proof of her
being alive. This, apparently, means that the pensioner had not submitted
the requisite 'life certificate' to the concerned authorities. The second
reason is that there has been no withdrawal from the account since
09.05.2018. Both the reasons may be relevant for non-grant of any
pension but in case a reasonable opportunity ought to have been granted
to the petitioner being the claimant/heir of Late Kamla Devi.
6. It is the admitted case of the petitioner that Late Kamla Devi died on
11.06.2019 and she was receiving family pension on account of her
deceased husband Late Ram Singh who held a pensionable post with the
railway authorities. Thus, in any case the entitlement of Late Kamla Devi
to receive pension was until her date of date of death i.e. 11.06.2019 and
this aspect has not been addressed or looked upon by the authorities that
is the railway department prior to issuance of communication dated
25.04.2023 to the Bank which has resulted in reversion of the amount
which was existing in the bank account of Late Kamla Devi.
7. Thus, it would be in the fitness of things that the petitioner be granted
liberty to represent before the newly impleaded respondent no.5 by
submitting an apprehensive representation including all documents which
would be relevant both for the purpose of entitlement of the petitioner to
claim the pension amount of her deceased mother and also the entitlement
of the deceased mother to receive the pension.
8. In view of the aforesaid discussion, without entering into the merits of
the case, this petition stands disposed of with liberty to the petitioner to
make a fresh representation before newly impleaded respondent
no.5, Regional Accounts Officer, Northern Railway, New Delhi within a
period of two months from the date of presentation of certified copy of
this order. It is expected from the respondent no.5 to decide the same
within a reasonable period of time preferably within six months.
September 15, 2026
Deepika
(Vivek Saran,J.) (Prakash Padia,J.)
Digitally signed by :-
DEEPIKA SINGH
High Court of Judicature at Allahabad
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