JOSHNA v. UNION OF INDIA THROUGH SECRETARY,MINISTRY OF RAILWAYS
WPSS/1248/2026 · 2026-06-03
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6432 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6432 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4463 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/1248/2026 Hon’ble Manoj Kumar Tiwari, J. Ms. Shivangi Gangwar, Advocate for the petitioner. Mr. Atul Bhatt, Advocate for the respondents.
2. By means of this writ petition, petitioner has sought the following reliefs:
“i. To issue a writ, order or direction in the nature of mandamus to quash/set aside the order vide letter dated 31.01.2025 (Annexure No. 4) passed by Divisional Railway Manager, Northern Railways, Moradabad and directing the respondents to immediately process and release the family pension. Page No. 18 to 19.
ii. To issue a writ, order or direction in the nature of mandamus directing the respondent for the payment of arrears with interest from the date of the husband’s death.”
3. According to the petitioner, her husband was employed as Crane Porter in Indian Railways who died on 22.09.2019. Grievance raised by petitioner is that she is not being paid her share of family pension.
4.
Learned counsel appearing for respondents submits that petitioner is the second wife; however, he concedes that petitioner and her husband both belong to Muslim community.
5. The claim of petitioner for family pension is rejected on the ground of her conviction by a criminal Court.
2026:UHC:4463
6.
Learned counsel for the petitioner relies upon Rule 75 of Railway Services (Pension) Rules, 1993 and submits that said provision was not considered by the competent authority, while considering petitioner’s claim.
7. She submits that writ petition be disposed of with liberty to petitioner to make fresh representation and the competent authority be
directed to take decision as fresh.
8. The writ petition is, accordingly, disposed of by permitting petitioner to make representation to the competent authority. If she makes representation within two weeks, decision thereupon shall be taken by the competent authority, as per law, within four months thereafter.
(Manoj Kumar Tiwari, J.) 03.06.2026 Mahinder/