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 1 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 2 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 3 2025:UHC:4575-DB 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 4 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13 aaf116e73351fdaf6878326386908a7f90 d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990F C51A722A6BC552D470EB4FD2F88DDF 7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.06.09 12:56:02 +05'30'