2026:UHC:2792 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 333/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Tiwari, Advocate, for the petitioners. Mr. Pradeep Hairiya, Additional CSC, for the State. Mr. Tarun Pande, Advocate, for the respondent no. 6. (2) Petitioners are children of late Rajiv Mohan, who was employed as Additional Superintendent of Police in Uttarkhand Police and died while in service on 19.1.2021 due to illness. Earlier he was married to Ms. Ruby Singh, mother of petitioners, and after obtaining divorce from Ms. Ruby Singh, he married with Smt. Indu Nainwal (respondent no. 6). There is no children born out of the marriage between Smt. Indu Nainwal and Rajiv Mohan, while from the first marriage, two children were born, who are petitioners before this Court. By means of this writ petition, petitioners have sought the following reliefs: “i) Issue a writ, order or direction in the nature of mandamus directing respondent no. 2 & 3 to divide the pension of the father (deceased) of the petitioners in two equitable portions and one portion shall be given to the petitioners. ii) Issue a writ, order or direction in the nature of mandamus directing respondent no. 2 & 3 to recover 1/2th of the pension given to respondent no. 6 w.e.f. 20.01.2021 and to handover the same to the petitioners.” (3) Learned Counsel for the petitioners submits that Ms. Ruby Singh, first wife of Rajiv Mohan, is not claiming 2026:UHC:2792 any benefit for herself, however her minor children are entitled to at least 50 per cent of the family pension, as per Section 9 of Uttarakhand Retirement Benefit Act, 2018. He further submits that petitioners, through their mother and natural guardian Ms. Ruby Singh, and respondent no. 6 have entered into a compromise, according to which, 50 per cent of the amount of family pension would be received by respondent no. 6 and remaining 50 per cent would be received by the petitioners jointly and any one of the petitioners would be entitled to claim compassionate appointment and respondent no. 6 has given up her right to claim compassionate appointment. He points out that in the compromise, it is provided that petitioners would not be entitled to any family pension, once any one of them gets the compassionate appointment. Compromise entered into between Ms. Ruby Singh and Ms. Indu Nainwal is enclosed as Annexure-1 to the supplementary affidavit dated 22.3.2026. (4) Mr. Tarun Pande, appearing for respondent no. 6, concedes that his client has entered into a compromise, which is part of record, therefore he has no objection if the writ petition is disposed of in terms of the compromise. (5) Learned State Counsel also submits that he has no objection if the competent authority is directed to apportion the amount of family pension between the parties in terms of the compromise entered into between the parties. (6) Writ petition is, accordingly, disposed of by permitting the petitioners to submit the compromise, along with copy of this order, before the respondent no. 3 2026:UHC:2792 within one week from today. Respondent no. 3 shall thereafter examine the matter and pass necessary orders for apportionment of the amount of family pension between the petitioners and respondent no. 6 within three weeks thereafter. (7) It goes without saying that arrears of family pension, payable w.e.f. October 2025, shall also be apportioned equally between petitioners and respondent no. 6. (Manoj Kumar Tiwari, J.) 18.4.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3a eab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052 DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.18 13:43:41 +05'30' 2026:UHC:2792