Allahabad High Court

1. Heard learned counsel for petitioner and learned State Counsel opposite parties.

2. Petition has been filed seeking a direction to opposite parties for grant of all final outstanding pensionary benefits to petitioner after due revision in terms of the pay commissions alongwith interest. Prayer has also been made for grant of exemplary cost and compensation to petitioner.

3. It has been submitted that father of petitioner late Bhagwan Singh passed away on 10.05.1994 while in harness leaving behind his widow Smt. Nanda Devi and children who are indicated in paragraph-5 of the writ petition. It is submitted that although initially provisional pension was made available to the widow of deceased, other benefits were made available only subsequently but a major portion of retiral benefits have not yet been made available to petitioner.

4. Learned State Counsel on the basis of counter affidavit has submitted that upon demise of Bhagwan Singh, his widow was granted provisional pension from 11.05.1994 till 21.12.1997 whereafter the matter of embezzlement allegedly committed by deceased came to light on the basis of an audit conducted by the special audit team of police leading to filing of First Information Report bearing Case Crime No. 149 of 1995 under Sections 467, 468, 409 and 420 IPC in which final report was filed by Investigation Officer but provisional pension order was, thereafter, issued 2 WRIA No. 3439 of 2024 in favour of petitioner and his brother on 03.07.2010 whereafter provisional family pension arrears alongwith revision, GPF and Insurance were also paid in the years 2010 and 2011 but due to certain other documentation being sought by the department which is not being provided by petitioner, it is not possible to process any further claims.

5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is thus evident and admitted as per the counter affidavit that provisional pension was granted to widow of deceased from 1994 till 1997. It is also evident that the alleged embezzlement at the behest of deceased came to light only subsequent to his demise whereafter the First Information Report also appears to have been filed after his demise. The counter affidavit does not indicate any aspect whether any departmental inquiry was conducted against deceased during his lifetime.

6. In such circumstances, the withholding of retiral benefits of deceased only on account of an audit objection is against all norms of settled service jurisprudence.

7. The counter affidavit also indicates various post retiral benefits being made available to family members of deceased between the years 2010 and 2011 as indicated in paragraph-4 of the counter affidavit. It also appears that subsequently the opposite parties have required petitioner and other heirs of deceased to submit Succession Certificate, Legal Heirs Certificate and Membership Certificate apart from pension form part-3 for further payment. The said paragraph of the counter affidavit indicates that since the earlier pension paper part-3 submitted by petitioner and other heirs of the deceased is 13 years old, as such fresh original pension paper part-3 is required in two set of copies.

8. The aforesaid factors as narrated in the counter affidavit clearly indicate the level of harassment suffered by heirs of deceased at the instance of opposite parties who have completely lost sight of the fact that there was no order passed by any competent authority withholding benefits which were admissible to heirs of the deceased. Merely by initiating audit an objection on that basis, the opposite parties could not 3 WRIA No. 3439 of 2024 have withheld the service benefits due to heirs of the deceased.

9. It is also evident that time and again, the opposite parties themselves have made various payments to the heirs of deceased and therefore, in the considered opinion of this Court, there was no occasion for opposite parties to have demanded production of Succession Certificates or Legal Heirs Certificate etc. from petitioner particularly since there is no dispute with regard to heir-ship of the deceased.

10. It is also evident from a perusal of paragraph-4 of the counter affidavit that pension paper part-3 has already been submitted by heirs of deceased 13 years ago and therefore to require him to file fresh original pension paper part-3 in two set of copies only on the ground that earlier pension papers are 13 years old is reflective of the extent harassment was suffered by heirs of deceased. It is also on record that in the meantime the widow as well as one of the daughters of deceased Km. Disha Malara have also passed away awaiting their just dues.

11. In view of discussion made hereinabove, a writ in the nature of mandamus is issued commanding the opposite party no.1 i.e. Additional Chief Secretary (Home), Home/Police Department, Civil Secretariat, Lucknow and other competent authorities to ensure payment of all outstanding dues admissible to heirs of late Bhagwan Singh including after revising the same in accordance with various orders and pay commissions. The amounts so calculated shall be paid to surviving heirs of deceased proportionately within a period of two months from the date a certified copy of this order is served upon concerned authority. It is made explicitly clear that no further documentation shall be required by the department from the heirs of deceased.

12. In view of aforesaid factors, the heirs of deceased are also entitled to interest at the rate of 8% per annum from the date when it was due in the year 1994 till the date of actual payment.

13. In view of harassment suffered by heirs of deceased, they will also be entitled to exemplary cost of Rs.1,00,000/- per surviving heir. The cost shall also be made available within the aforesaid period of two months from the date a certified copy of this order is produced before the 4 WRIA No. 3439 of 2024 concerned authority.

14. Resultantly, the petition succeeds and is allowed. Parties to bear their own cost. September 1, 2025 Satish (Manish Mathur,J.)

1. Heard learned counsel for petitioner and learned State Counsel opposite parties.

2. Petition has been filed seeking a direction to opposite parties for grant of all final outstanding pensionary benefits to petitioner after due revision in terms of the pay commissions alongwith interest. Prayer has also been made for grant of exemplary cost and compensation to petitioner.

3. It has been submitted that father of petitioner late Bhagwan Singh passed away on 10.05.1994 while in harness leaving behind his widow Smt. Nanda Devi and children who are indicated in paragraph-5 of the writ petition. It is submitted that although initially provisional pension was made available to the widow of deceased, other benefits were made available only subsequently but a major portion of retiral benefits have not yet been made available to petitioner.

4. Learned State Counsel on the basis of counter affidavit has submitted that upon demise of Bhagwan Singh, his widow was granted provisional pension from 11.05.1994 till 21.12.1997 whereafter the matter of embezzlement allegedly committed by deceased came to light on the basis of an audit conducted by the special audit team of police leading to filing of First Information Report bearing Case Crime No. 149 of 1995 under Sections 467, 468, 409 and 420 IPC in which final report was filed by Investigation Officer but provisional pension order was, thereafter, issued 2 WRIA No. 3439 of 2024 in favour of petitioner and his brother on 03.07.2010 whereafter provisional family pension arrears alongwith revision, GPF and Insurance were also paid in the years 2010 and 2011 but due to certain other documentation being sought by the department which is not being provided by petitioner, it is not possible to process any further claims.

5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is thus evident and admitted as per the counter affidavit that provisional pension was granted to widow of deceased from 1994 till 1997. It is also evident that the alleged embezzlement at the behest of deceased came to light only subsequent to his demise whereafter the First Information Report also appears to have been filed after his demise. The counter affidavit does not indicate any aspect whether any departmental inquiry was conducted against deceased during his lifetime.

6. In such circumstances, the withholding of retiral benefits of deceased only on account of an audit objection is against all norms of settled service jurisprudence.

7. The counter affidavit also indicates various post retiral benefits being made available to family members of deceased between the years 2010 and 2011 as indicated in paragraph-4 of the counter affidavit. It also appears that subsequently the opposite parties have required petitioner and other heirs of deceased to submit Succession Certificate, Legal Heirs Certificate and Membership Certificate apart from pension form part-3 for further payment. The said paragraph of the counter affidavit indicates that since the earlier pension paper part-3 submitted by petitioner and other heirs of the deceased is 13 years old, as such fresh original pension paper part-3 is required in two set of copies.

8. The aforesaid factors as narrated in the counter affidavit clearly indicate the level of harassment suffered by heirs of deceased at the instance of opposite parties who have completely lost sight of the fact that there was no order passed by any competent authority withholding benefits which were admissible to heirs of the deceased. Merely by initiating audit an objection on that basis, the opposite parties could not 3 WRIA No. 3439 of 2024 have withheld the service benefits due to heirs of the deceased.

9. It is also evident that time and again, the opposite parties themselves have made various payments to the heirs of deceased and therefore, in the considered opinion of this Court, there was no occasion for opposite parties to have demanded production of Succession Certificates or Legal Heirs Certificate etc. from petitioner particularly since there is no dispute with regard to heir-ship of the deceased.

10. It is also evident from a perusal of paragraph-4 of the counter affidavit that pension paper part-3 has already been submitted by heirs of deceased 13 years ago and therefore to require him to file fresh original pension paper part-3 in two set of copies only on the ground that earlier pension papers are 13 years old is reflective of the extent harassment was suffered by heirs of deceased. It is also on record that in the meantime the widow as well as one of the daughters of deceased Km. Disha Malara have also passed away awaiting their just dues.

11. In view of discussion made hereinabove, a writ in the nature of mandamus is issued commanding the opposite party no.1 i.e. Additional Chief Secretary (Home), Home/Police Department, Civil Secretariat, Lucknow and other competent authorities to ensure payment of all outstanding dues admissible to heirs of late Bhagwan Singh including after revising the same in accordance with various orders and pay commissions. The amounts so calculated shall be paid to surviving heirs of deceased proportionately within a period of two months from the date a certified copy of this order is served upon concerned authority. It is made explicitly clear that no further documentation shall be required by the department from the heirs of deceased.

12. In view of aforesaid factors, the heirs of deceased are also entitled to interest at the rate of 8% per annum from the date when it was due in the year 1994 till the date of actual payment.

13. In view of harassment suffered by heirs of deceased, they will also be entitled to exemplary cost of Rs.1,00,000/- per surviving heir. The cost shall also be made available within the aforesaid period of two months from the date a certified copy of this order is produced before the 4 WRIA No. 3439 of 2024 concerned authority.

14. Resultantly, the petition succeeds and is allowed. Parties to bear their own cost. September 1, 2025 Satish (Manish Mathur,J.)