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2025 DAILYLAW 19310 (DEL)

SMT. SIVABAKKIYAM PERIYASAMY @ PRIYA SHIVA v. UNION OF INDIA & ANR.

W.P.(C)/7109/2025 · 2025-08-11

Mini Pushkarna

Writ Petition (Civil)body2025

Judgment text

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$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7109/2025 SMT. SIVABAKKIYAM PERIYASAMY @ PRIYA SHIVA .....Petitioner Through: Ms. Suruchii Aggarwal, Sr. Adv. with Mr. Gurmeet Singh, Adv. M: 9650954007 Email: gurmeetsethi.2635@gmail.com versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Subodh Kumar Kaushik, SPC with Mr. Kapil Dev Yadav, GP and Mr. Govil Upadhyaya, Adv. M: 9899023751 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed seeking directions to the respondents to consider and decide the representation dated 30 O R D E R % 11.08.2025 th 2. It is submitted by the learned Senior Counsel appearing on behalf of the petitioner that the petitioner is the legally wedded widow of Late Shri Periyasamy Kuppusamy @ Piri Swami, who served with the respondent no.2-Northern Railway for over three decades. It is submitted that the representation dated 30 April, 2025 submitted by the petitioner. th April, 2025 was submitted by the petitioner, along with all the requisite documents, requesting consideration for the release of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 13:11:10 family pension and other admissible retirement benefits. 3. It is submitted that the petitioner’s husband retired from service on 30th 4. It is further submitted that the petitioner’s husband continued to receive his pension until his demise on 26 September, 2010, and upon retirement, his pension was administered under Pension Payment Order (“PPO”) No. 201070302913, having Pramaan ID No. 8073090834 and Aadhaar No. 588390265498. th 5. Learned Senior Counsel appearing for the petitioner has drawn the attention of this Court to the Marriage Certificate annexed as Annexure P-12 to show that the petitioner, being the widow of the deceased employee of the respondent no.2, is entitled to receive the family pension and other admissible benefits. It is further submitted that it was the second marriage of both the petitioner as well as the deceased employee of respondent no.2. November, 2024. Thus, it is submitted that the petitioner, being the sole legal heir, became entitled to receive the family pension and other admissible terminal benefits upon the demise of her husband. However, despite submitting the Death Certificate, Marriage Certificate, Aadhaar Card and all other supporting documents, the respondents have failed to update the service records. Thus, the present writ petition has come to be filed. 6. Notice had been issued on the last date of hearing, with directions to file reply to the respondents. However, no reply has come to be filed. 7. At this stage, learned Senior Counsel appearing for the petitioner submits that the petitioner shall be satisfied if the representation dated 30th 8. Accordingly, considering the submissions made before this Court, it is directed as follows: April, 2025 submitted by the petitioner is decided, in a time bound manner. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 13:11:10 i. The representation dated 30th 9. With the aforesaid directions, the present writ petition is disposed of. April, 2025 submitted by the petitioner shall be decided by the respondents expeditiously, preferably, within an outer limit of two months, from today. ii. At the time of considering the representation of the petitioner, the petitioner/her authorized representative, shall be granted a personal hearing, which shall be communicated to her through her counsel, on the E-mail address, which is reflected in today’s order. iii. In case any further documents are required to be submitted by the petitioner during the course of personal hearing, the same shall be indicated to the petitioner and the petitioner shall be granted liberty to submit the said documents with the respondents. iv. A speaking order shall be passed by the respondents accordingly, which shall be duly communicated to the petitioner through her counsel, on the E-mail address, which is reflected in today’s order. v. In case the petitioner is aggrieved by any order passed by the respondents, she shall have the liberty to seek her remedies, in accordance with law. MINI PUSHKARNA, J AUGUST 11, 2025/KR This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 13:11:10