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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Union of India – Appellant
Versus
Kaushalya Negi @ Sona Devi – Respondent
| Table of Content |
|---|
| 1. appeal delay condoned for bona fide reasons post-recall. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. pension stopped by bank over name discrepancy despite divorce. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. writ court rejected department's recall on interest liability. (Para 14 , 15) |
| 4. interest disputed: department lapse vs. bank stoppage. (Para 16 , 17 , 18 , 19) |
| 5. interest from writ filing to balance record discrepancies. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
Manoj Kumar Gupta, C.J.
Delay Condonation Application (IA/1/2025)
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
Interest on family pension arrears not payable from stoppage date if delay not solely due to department; limited to period from writ filing when balancing record discrepancy, impersonation, and inqui....
Delay in disbursing pension and gratuity obligates the government to pay interest as mandated by OCS Pension Rules, reinforcing the rights of employees to timely benefits.
A legally wedded spouse post-divorce is entitled to family pension, and payments cannot be stopped without valid legal grounds.
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