Uttarakhand High Court
5Th June vs State Of Uttarakhand & Others on 5 June, 2025
2025:UHC:4575-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (S/B) NO. 16 OF 2025
05TH JUNE, 2025
Neema Devi ...... Petitioner
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Prabhakar Narayan and Mr.
Dheeraj Joshi, learned counsel
Counsel for the respondents : Mr. S.S. Chaudhary, learned
Standing Counsel for the State /
respondents
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
Heard the learned counsel for the petitioner and
the learned Standing Counsel for the respondent / State.
2) The case of the petitioner is that she is the wife
of late Rajendra Narayan, r/o Haripur Gangu, Chaufla
Chauraha, Damuadhunga, District Nainital, who was
2025:UHC:4575-DB
employed under the first respondent in the Public Works
Department as an Assistant Engineer and demitted office
on reaching the age of superannuation on 31.12.2018.
That retirement benefits were extended to the late
husband, and on 26.06.2024, the late husband
unfortunately left for his heavenly abode leaving behind
the petitioner, married daughter, son and daughter-in-
law. Copy of the death certificate is produced as
Annexure-2. That after the demise of late husband, the
petitioner approached the department for release of family
pension in her favour which is in accordance with the
rules. That her representation was responded to by the
departmental authorities stating that since the name of
the wife has been declared by her late husband as Smt.
Nirmala Devi and she described herself as Smt. Neema
Devi, the pensionary benefits cannot be released in her
favour.
3) It is the case of the petitioner that her name has all
along been Smt. Neema Devi and is also registered as
such in the Aadhaar Card, PAN Card, Family Register,
Bank account passbook etc., copies of which are produced
as Annexure-4. The petitioner sought for rectification of
the name by representation dated 29.08.2024, copy of
which is produced as Annexure-5. That despite the
2025:UHC:4575-DB
representation the respondents have not considered the
same nor disposed it off.
4) The learned Standing Counsel for the respondent-
State would reiterate the same. He would submit that the
pension papers were processed in all earnestness and
matter was sent to the third respondent, and that the
third respondent after noticing the difference in the names
has been pleased to return the same. That in view of the
objection raised by the pension authorities the hands of
the first respondent and the second respondent are tied
down.
5) Having heard the counsels, we are of the considered
opinion that the instant petition could be disposed of by
granting liberty to the petitioner to approach the civil
court and seek a relief of declaration to declare her as the
legally wedded wife of late Rajendra Narayan. In the
event such a suit is instituted by the petitioner, the said
suit shall be heard and disposed of within a period of 18
months. We specify the time limit of 12 months in view of
the sensitivity of the issue involved and the impact on the
life of the petitioner. The petitioner is aged 77 years and
the family pension is the source of her livelihood, hence
the direction to the court to consider and dispose of the
suit within the upper limit of 12 months from the date of
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filing of the suit. It is made clear the Trial Court shall not
seek any extensions and shall also not grant any
unnecessary adjournments. The parties shall co-operate
for early disposal of the suit.
6) The writ petition stands ordered accordingly.
7) As a sequel thereto, pending application, if any, shall
stand closed.
________________
G. NARENDAR, C.J.
____________
ALOK MAHRA, J.
Dt: 05TH JUNE, 2025
Negi
HIMANS
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=bb3b60774012c1ef1dae20d13
aaf116e73351fdaf6878326386908a7f90
d5757, postalCode=263001,
HU NEGI
st=UTTARAKHAND,
serialNumber=75BD9D0FB7F4A80990F
C51A722A6BC552D470EB4FD2F88DDF
7C18DB2A1524A4D, cn=HIMANSHU
NEGI
Date: 2025.06.09 12:56:02 +05'30'
