Soni Lata Prajapati vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Soni Lata Prajapati vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a comprehensive representation with a self-attested copy of the writ petition before respondent No. 3, Chief Medical Officer, Kannauj, who is to decide the family pension claim strictly in accordance with law within two months of presentation of the certified copy of the order, bearing in mind suitability, eligibility and competing claims, with transmission of papers to another authority if the third respondent considers the matter outside his remit.

Issue for consideration

Whether the writ petitioner, who claims to be an unmarried daughter, is entitled to family pension on account of the death of her father, and whether the respondents should be directed to consider the claim. +1 more

Court's answer

The writ petition is disposed of with liberty granted to the petitioner to prefer a comprehensive representation along with a self-attested copy of the writ petition before the third respondent.

Ratio / Principle

On receipt of the representation within two weeks, the third respondent is to proceed to decide the petitioner's claim strictly in accordance with law within two months from the date of presentation of the certified copy of the order.

Key takeaways

In deciding the claim, the third respondent is to bear in mind suitability, eligibility and competing claims, if any.ratio¶16
If the third respondent is of the opinion that the matter is to be decided by some other authority, the papers shall be transmitted to that authority.ratio¶19
The writ petition was decided without seeking any response from the respondents.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.), WRIT-A No. 3685 of 2026, decided March 18, 2026: An unmarried daughter sought family pension following her father's death; her married sister, also claiming to be unmarried, staked a competing claim. Without calling for any response from the respondents, the Court disposed of the writ petition, granting liberty to file a comprehensive representation with a self-attested copy of the petition before respondent No. 3, Chief Medical Officer, Kannauj, who is to receive it within two weeks and decide the claim strictly in accordance with law within two months of presentation of the certified copy of the order, bearing in mind suitability, eligibility and competing claims; if the CMO considers the matter triable by another authority, the papers are to be transmitted accordingly. The order is expressly not to be construed as an expression on the merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 3685 of 2026

Soni Lata Prajapati

.....Petitioner(s)

Versus

State Of U.P. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Prashant Verma
Counsel for Respondent(s)	: C.S.C.

Court No. - 33

HON'BLE VIKAS BUDHWAR, J.

Heard Sri Prashant Verma, learned counsel for the petitioner and Sri Manish Kumar, learned Standing Counsel, who appears for Staterespondents.

The writ petitioner claims to be an unmarried daughter who seeks family pension on account of the death of the father of the writ petitioner, however, the married sister of the writ petitioner who claims to be unmarried has also stakes the claim.

Prayer in the present petition is for a direction to the respondents to consider the claim.

Learned Standing Counsel submits that the claim of the writ petitioner needs adjudication at the first instance by the third respondent, Chief Medical Officer, Kannauj.

To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same.

Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the selfattested copy of the writ petition before the third respondent, who shall on the receipt of the same within a period of two weeks, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order, bearing in mind the suitability, eligibility, competing claims, if any. In

WRIA No. 3685 of 2026

2

case the third respondent is of the opinion that the matter is to be decided by some other authorities then the papers shall be transmitted to the same.

Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case.

With the aforesaid observation, the writ petition is disposed off .

March 18, 2026 Ashu

(Vikas Budhwar,J.)

Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad