Shiv Kali Devi vs State of U.P. Thru. Secy. Secondary Education Deptt. U.P. Lko. and 4 Others — Allahabad HC (2026) — LawSathi Research

Shiv Kali Devi vs State of U.P. Thru. Secy. Secondary Education Deptt. U.P. Lko. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as having lost its efficacy; liberty to the petitioner to move a fresh representation before the authority concerned within two weeks, to be considered and decided by the competent authority within six weeks; personal appearance of the Deputy Director, Secondary Education exempted.

Issue for consideration

Whether the petitioner is entitled to family pension as per the promoted post of her husband (Lecturer) rather than the post of Assistant Teacher, i.e., the legality of the deduction of family pension by the order dated 4.3.2025 passed by respondent no.2. +1 more

Ratio / Principle

Since the order impugned has been modified while issuing another P.P.O. dated 22-01-2026, the writ petition has lost its efficacy.

Key takeaways

The writ petition is disposed of with liberty to the petitioner to move a fresh representation before the authority concerned within two weeks, and if such representation is moved, the competent authority shall consider and decide the same within a further period of six weeks.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Shree Prakash Singh, J. — WRIT - A No. 122 of 2026, decided January 28, 2026. The petitioner challenged the order dated 4.3.2025 passed by respondent no.2, whereby her family pension was deducted, pension having been given on the post of Assistant Teacher while claimed as per the post of Lecturer; she sought parity with Virendra Bahadur Singh, an identically situated person granted relief by order dated 7.2.2023 in Writ-A No.3001 of 2015. On 28.01.2026 the State's Additional Chief Standing Counsel submitted that the impugned order had been modified while issuing another P.P.O. dated 22-01-2026. Holding that the writ petition had thereby lost its efficacy, the Court disposed of the petition with liberty to the petitioner to move a fresh representation within two weeks, which the competent authority was to consider and decide within six weeks, and exempted the personal appearance of the Deputy Director, Secondary Education.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 122 of 2026

Shiv Kali Devi

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Secondary Education Deptt. U.P. Lko. And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Ravi Shanker Singh, Abhishek Singh, Kirti Veer Singh Counsel for Respondent(s) : C.S.C.

Court No. - 18

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the petitioner and Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State and perused the records.

On 19-01-2026, the following order was passed :-

"Heard learned counsel for the petitioner, Dr. Uday Veer Singh, learned counsel for respondent nos. 1 to 4. On 09.01.2026, the following order was passed:"Heard learned counsel for the petitioner and Dr. Uday Veer Singh, learned counsel for the respondent nos.1 to 4. The present petition has been filed challenging the order dated 4.3.2025 passed by the respondent no.2, whereby the family pension has been deducted and that has been given on the post of Assistant Teacher is claiming as per the post of Lecturer.

Learned counsel for the petitioner submitted that identically situated person, namely, Virendra Bahadur Singh, has been granted relief, vide the order dated 7.2.2023 passed in Writ-A No.3001 of 2015, and the the case of the present petitioner is on the identical footing.

Learned counsel for the State shall seek instructions whether the petitioner's case is identical to Mr. Virendra Bahadur Singh, petitioner in Writ-A No.3001 of 2015 and further why the petitioner has not been paid pension, as per the promoted post of her husband.

List in the next week in the list of fresh cases."

It has been informed by learned counsel for the State that letter has been written to respondent nos. 1 to 4, but no response has been received as yet. He sought further time.

In view of the above, list/put up this matter on 28.01.2026 at 02:15 pm. The respondent no. 2/Deputy Director(Secondary) Education, IVth Division, Allahabad(now Prayagraj), shall join the proceedings through Video Conferencing on the next date and shall show cause that why the instructions has not been provided, even after letters sent to him and he shall assist the Court. "

WRIA No. 122 of 2026

2

Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel appearing for the respondent-authorities submits that the order dated 04-03-2015 has been modified while issuing another P.P.O. dated 22-01-2026. The instructions placed by him are taken on record and that shall be the part of the records.

In view of the above, this writ petition has lost it's efficacy and therefore, the writ petition is hereby disposed of with liberty to the petitioner that if any further grievance remains to be redressed, she is permitted to move a fresh representation before the authority concerned within the period of two weeks and if such representation is moved, the competent authority shall consider and decide the same within further period of six weeks.

The personal appearance of the Deputy Director, Secondary Education is hereby exempted.

(Shree Prakash Singh,J.)

January 28, 2026 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench