2025:UHC:9935 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 1 0 3 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Monoj Mohan, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. According to petitioner, she is widow of Late Khem Ram, who was serving as Headmaster in a Government Junior High School and died, after retirement, on 10.01.2025. Grievance raised by petitioner is that Family Pension is not being released to her. 4. By means of this writ petition, petitioner has sought the following relief: - (i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to Insert the name of the petitioner in the service book of late Sri Khem Ram in place of Late Smt. Radha Devi and release the family pension and other arrears in favour of the petitioner, which she is entitled to receive on account of death of her husband. 5. Learned State Counsel submits that petitioner claims to be the second wife of Late Khem Ram, however, there is no evidence regarding marriage of petitioner with the deceased Government Servant. He submits that the date of marriage between petitioner and Late Khem Ram is indicated as 20.02.2008 while her all children are more than 25 years of age. 6. Learned counsel for the petitioner 2025:UHC:9935 submits that the first wife of Late Khem Ram was elder sister of the petitioner; petitioner was living with her sister and developed intimacy, therefore, children were born much before her marriage with Late Khem Ram. 7. Learned State Counsel submits that petitioner should approach a Competent Court of Law, either for getting a Declaration in her favour or for getting a Succession Certificate. 8. Learned counsel for the petitioner submits that petitioner will approach the Competent Court for getting Declaration/ Succession Certificate, as the case may be. 9. Accordingly, the writ petition is disposed of with liberty to petitioner to approach the Competent Court of law for necessary orders. ( Man oj Ku m ar Tiw ar i, J) 11.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1 369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.12 00:31:37 -08'00' 2025:UHC:9935