UTTARAKHAND HIGH COURT ISSUES ORDER ON UNION OF INDIA AND OTHERS V/S SMT. KAUSHALYA NEGI

NAINITAL, India, March 12 -- Uttarakhand High Court issued the following judgment/order on Feb. 10:

1. The appellants, by means of instant appeal, have challenged the order of learned Single Judge dated 30.04.2024 by which WPSS No.1122 of 2016, "Smt. Kaushalya Negi Alias Sona Devi Vs. Union of India and Others" was allowed to the extent of award of interest @ 7% on the arrears of pension, and also the order dated 03.04.2025, passed on the recall application of the appellants.

2. The office has reported a delay of 446 days in filing the instant appeal, reckoning the limitation from the date of original order in the writ petition i.e. from 30.04.2024.

3. Learned counsel for the appellants submits that the application filed by the appellants for modification of the order of the learned Single Judge to the extent of award of interest, came to be rejected on 03.04.2025 and, thereafter, some time was spent in seeking legal advice. He submits that the delay is bonafide and not on account of any laches on part of the department. He submits that in such circumstances the delay deserves to be condoned.

4. Learned counsel for the contesting respondent Shri Pawan Mishra states that he does not wish to file any counter affidavit but has orally opposed the delay condonation application.

5. As we find that the modification /recall application was dismissed only on 03.04.2025 and, thereafter, the appellants filed the appeal though with some delay, which has been sufficiently explained, therefore, in the interest of justice, we condone the same and direct the office to allocate a regular number to the instant appeal.

6. Heard learned counsel for the parties on the appeal.

7. The writ petition filed by the contesting respondent (hereinafter referred to as "the writ petitioner") was for a direction to the appellants to make regular payment of family pension to the petitioner and also pay arrears since November, 2013 along with interest @ 18% per annum. The petitioner was getting regular family pension after the death of her husband Ram Singh Negi on 23.01.2011. In November, 2013, the pension was stopped by Punjab National Bank, Branch Adhoiwala, District Dehradun, the Distributing Branch, noticing that in the Pension Payment Order (PPO) of late Ram Singh Negi, the deceased husband of the petitioner, name of his wife was recorded as Sona Devi and not that of the petitioner i.e. Kaushalya Negi while the life certificate furnished by the petitioner, was singed by her.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2BF0YTJaHiXmvFbgrpp17rOZ%2F%2BER%2B3P7S5amMpUvmm63&caseno=SPA/210/2025&cCode=1&cino=UKHC010129792025&state_code=15&appFlag=)

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