[Cites 4, Cited by 0]
Delhi High Court
Dinesh Kumar & Ors vs Union Of India & Ors on 10 February, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10594/2022
Date of Decision: 10.02.2026
IN THE MATTER OF:
DINESH KUMAR & ORS. .....Petitioners
Through: Mr Vidya Sagar and Mr Amolak,
Advs.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Manish Kumar, SPC with Ms.
Pragya Bharti, Advocates.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The petition is for following reliefs :
(a) The official commumcation dated 20/23-5-2022 (Annexure-I)
rece1ved from the Respondents may be struck down as arbitrary, ultra
vires and Illegal,
(b) The Respondents may be directed to release the amount of Rs
3,85,684 along with interest @ 18% p.a. to the Petitoners through their
elder brother
i.e. , Petitoner no.1, on furnishing of an Indemnity bond of the total
amount so calculated,
(c) allow any other relief as this Hon'ble Court considers would the
Petitoners' interests,
award costs of this writ petitioner.
2. The Petitioners are the children and legal heirs of late Shri Ram
Signed By:PRIYA Signed
Signing Date:16.02.2026 By:PURUSHAINDRA
20:01:30 KUMAR KAURAV
Singh, who retired from the Central Government on 31.12.2000 and passed
away on 26.04.2021. In the year 2000, during his service, he was entitled to
promotion to the Junior Administrative Grade (JAG) of the Indian Civil
Accounts Service. However, the said promotion was withheld on account of
the pendency of a criminal case at that time.
3. Subsequently, in 2012, Shri Ram Singh was acquitted in the said
criminal case and, thereafter, requested the concerned authorities to grant
him the promotional and consequential pensionary benefits. However, the
same was declined on the ground that he had already been superannuated
from service.
4. Aggrieved thereby, he filed W.P. (C) No. 9757/2019 before this Court
challenging the refusal and vide judgment dated 10.07.2020, this Court
allowed the petition. The said judgement was challenged by the
Government before the Supreme Court by way of SLP (C) No. 14091 of
2020, which came to be dismissed vide order dated 07.01.2021.
5. The Respondents issued an order dated 13.05.2021 granting
promotion retrospectively w.e.f. 24.04.2000 along with refixation of pay and
revision of pension. The said promotion order was issued posthumously.
Consequently, arrears amounting to Rs. 3,85,684/- became payable.
However, vide the impugned order dated 20/23.05.2022, the respondents
have insisted upon production of a succession certificate for release of the
said amount.
6. In the impugned order dated 20/23.05.2022, reference is made to
Office Memorandum dated 10.07.2013 and 06.04.2022 to require the
petitioner to produce the succession certificate.
7. A careful perusal of the Office Memoranda dated 10.07.2013 and
Signed By:PRIYA Signed
Signing Date:16.02.2026 By:PURUSHAINDRA
20:01:30 KUMAR KAURAV
06.04.2022 issued by the Department of Pension & Pensioners' Welfare
indicates that in cases where no valid nomination exists, insistence on a
succession certificate is not envisaged as an invariable requirement. The said
instructions categorically contemplate release of arrears of pension or family
pension on the basis of satisfactory documentary proof establishing the
claimant's relationship and legal heirship, thereby obviating unnecessary
hardship to the beneficiaries. The petitioners, however, submits that the
survivorship certificate has been produced and the same should suffice the
requirement of compliance.
8. It is stated that, except the petitioners, there is no legal heir of the
deceased late Shri Ram Singh. They also submit that even after the expiry
of late Shri Ram Singh, no other claimant has laid any claim on the deceased
pension etc.
9. Learned Counsel for the petitioner, places reliance on the decision of
the Supreme Court in the case of C. K. Prahalada and Ors. vs. State of
Karnataka and Ors.1, State of Chhattisgargh and Ors. vs. Dhirjo Kumar
Sengar2, decisions of this Court in the case of Kamaldeep Kaur Wahi vs.
Director of Education3, Krishna Sobti vs. State4, Santosh Khurana vs.
Secretary, Land & Building Department5 and decisions passed by the
Karnataka High Court in the case of Sri H. J. Shanthosh Kumar vs. The
Deputy Commissioner of Excise and Anra..6
10. The Karnataka High Court in Union of India Department of Postal
(2008) 15 SCC 577
(2009) 13 SCC 600
2006 SCC OnLine Del 1480
2016 SCC OnLine Del 3152
2015 SCC OnLine Del 11603
ORDER DATED - 1.10.2013 W.P.(C) 44946/2013
Signed By:PRIYA Signed
Signing Date:16.02.2026 By:PURUSHAINDRA
20:01:30 KUMAR KAURAV
and Telegraph and Another vs. Smt. Seethamma7 has held as under:
5. Insofar as the second condition of Sri Prakash Shetty is concerned,
admittedly, the respondent has produced the legal heirship certificate
issued by the Tahsildar, which is a valid document. To draw the family
pension, no sucession certificate is required. In addition to that her
name would be found in the service records of late P.N. Rama Iyengar.
Unfortunately, the service records have not been looked into before
filing this appeal.
11. It is well settled that a succession certificate ought not to be insisted
upon as a matter of course where the legal heirship is undisputed and stands
duly established. In the absence of any rival or competing claims, and where
the identity and entitlement of the legal heirs are clearly verified, the
competent authority may release retiral benefits, pensionary dues,
compensation. Nothing contrary has been submitted by learned counsel for
the respondent.
12. Having considered the overall prospectus of the facts and situation
and in absence of their being any specific requirement under both the Office
Memorandums, the Court finds that insistence for production of the
succession certificate is not called for. The respondents are accordingly
directed to act upon the petitioner's request on production of survivorship
certificate.
13. With the aforesaid directions, the petition, along with pending
application(s), if any, stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J
FEBRUARY 10, 2026
aks/amg
ILR 2013 KAR 4911
Signed By:PRIYA Signed
Signing Date:16.02.2026 By:PURUSHAINDRA
20:01:30 KUMAR KAURAV
