2026:UHC:2919 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1414/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Gulshan Pandey, Advocate, for the petitioner. Mr. Pradeep Hairiya, Additional CSC, for the State. (2) Petitioner’s husband served as Peon in Department of School Education, who retired from service voluntarily w.e.f. 1.12.2021 and he thereafter passed away on 1.1.2023. Since family pension has not been sanctioned to the petitioner so far, therefore, she has approached this Court seeking a direction to the competent authority to release family pension to her with arrears. (3) Learned State Counsel refers to Annexure CA-1 to the counter affidavit, which is a letter dated 29.8.2024, issued by Director, Elementary Education to Secretary, Secondary Education. Perusal of the said letter reveals that guidance was sought from the State Government as to whether family pension can be sanctioned to petitioner as her husband remained unauthorisedly absent from duties for a substantial period. The said letter further reveals that leave without pay was sanctioned to petitioner’s husband for 2376 days, however no leave was sanctioned for 181 days of absence of petitioner’s husband from duties. Learned State Counsel submits that Secretary, Secondary Education is yet to take decision in the matter and issue necessary instructions, therefore the family pension could not be sanctioned to the petitioner. 2026:UHC:2919 (4) Petitioner’s husband passed away on 1.1.2023 and petitioner has not been sanctioned any family pension so far. Such state of affairs cannot be accepted. Family pension, if admissible, should be released soon after death of a government servant concerned. Writ petition is, accordingly, disposed of with a direction to the Secretary, Secondary Education to take decision in terms of the proposal submitted by Director, Elementary Education, vide letter dated 29.8.2024, by passing a reasoned order within six weeks from the date of production of certified copy of this order. The decision shall also be communicated to the petitioner at her postal address. (Manoj Kumar Tiwari, J.) 21.4.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e6 1af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB5 88052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.21 17:48:01 +05'30' 2026:UHC:2919