O R D E R

1. This petition under Article 226 of the Constitution of India seeks issuance of directions to the Respondents to release the family pension of the Petitioner, along with arrears and applicable interest. It is the Petitioner’s case that her husband, Late Shri Hakumat Rai, deceased on 4th February, 1996 while in service. She had thereafter initiated proceedings before the Court of competent jurisdiction and obtained a succession certificate. In terms thereof, the pensionary benefits have to be released in her favour which has not been done despite multiple requests.

2. The Petitioner claims to be the legally wedded wife of Late Shri Hakumat Rai, who was employed with DESU Office, now under BSES Yamuna Power Limited.

3. It is further noted that the Petitioner is the second wife of the deceased employee, the first wife having predeceased him on 24th August, 1993. The question of entitlement to the terminal benefits and family pension of the deceased employee was the subject matter of Succession Case No. 51/2010, wherein Dal Chand, the deceased’s son from his first marriage, along with his two younger siblings, was an objector. In the said proceedings, BSES Yamuna Power Limited filed a reply dated 12th August, 2010 setting out the details of the dues payable in respect of the deceased employee. The relevant extract of the said reply is reproduced below:

“D.O.H.: 12.08.10

DELHI

DATED-12.08.10”

4. During the course of the said proceedings, the parties were referred to mediation, which culminated in a settlement dated 22nd January, 2013. In terms of the said settlement, the objectors gave no objection to the issuance of a succession certificate in favour of the Petitioner and her daughter. It was further agreed that the monetary dues of the deceased employee would be apportioned between the parties in the ratio of 60:40, with 60% in favour of the Petitioner and her daughter and 40% in favour of the objector. Crucially, the settlement specifically recorded that the Petitioner would be entitled to receive the family pension, and that no objection would be raised by the objectors in that regard. The said settlement thus resolved all inter se disputes between the parties insofar as the terminal benefits and the Petitioner’s entitlement to family pension of Late Shri Hakumat Rai.

5. On the basis of the settlement, the said proceedings culminated in a judgment dated 1st July, 2013, whereby a succession certificate was issued in favour of the Petitioner and her daughter to the extent of 60%, and in favour of the objector to the extent of 40%. The relevant extract of the judgement reads as follows:

“11. In the facts and circumstances on record, Petitioner Smt. Ranjana and Ms. Isha shall be entitled in respect of 60% and objector Dal Chand shall be entitled 40% of debts and securities of the deceased in terms of settlement Ex.C-1 and as per reply of BSES YPL dated 12.08.2010.

12. In view of the matter as discussed above, I am of the considered opinion that there is no impediment in grant of succession certificate in favour of Petitioners Smt. Ranjana and Ms. Isha in respect of 60% and in favour of objector Sh. Dal Chand in respect of 40% of debts and securities of the deceased in terms of settlement Ex.C-1 and as per reply of BSES YPL dated 12.08.2010. I accordingly direct that succession certificate be issued in the name of Petitioners Smt. Ranjana and Ms. Isha in respect of 60% and in the name of objector Sh. Dal Chand in respect of 40% of debts and securiti