LAKSMI KUMARI AND ORS vs UNION OF INDIA AND ANR

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3548/2025, CM APPL. 16585/2025, CM APPL. 16586/2025 & CM APPL. 16587/2025 LAKSMI KUMARI AND ORS .....Petitioners Through: Ms. Nitika Duhan, Adv. versus UNION OF INDIA AND ANR .....Respondents Through: Mr. Farman Ali, SPC with Ms. Usha Jamnal, Adv. along with Mr. Devender Singh, Jag Officer, ITBP for UOI. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 21.04.2025 C. HARI SHANKAR, J. 1. Vijay Kumar, the husband of Laksmi Kumari, Petitioner 1 in the present writ petition, was employed as a Constable in Indo-Tibetan Border Police1. He was recruited in the ITBP on 3 July 1992. He served as part of the “kitchen service” in the ITBP. Vijay Kumar expired on 8 May 2024. He is admittedly survived by the petitioners who are his wife Laksmi Kumari, his daughters Seema Kumari and Sheela Kumari and his son Akshay Kumar. 2. Vijay Kumar had one more son, Sunil Kumar, who is 1 “ITBP” hereinafter Signature Not Verified Signed By:SHILPI W.P.(C) 3548/2025 Page 1 of 5 Signing Date:23.04.2025 15:43:02 admittedly missing since 2001. The petitioners assert that they are not aware of Sunil Kumar’s whereabouts and cannot even confirm whether he is alive or dead. 3. Consequent on the death of Vijay Kumar on 8 May 2024, the petitioners became entitled to release of gratuity and family pension in terms of Central Civil Services (Pension) Rules, 2021. However, release of the said retiral benefits was held up by the Department of Pension & Pensioners’ Welfare2 vide letter dated 9 August 2024, which required the petitioners to provide various documents including the “Non-Traceable Certificate”, issued by the Delhi Police. 4. As per the assertions in the petition, the Petitioner 1 is the third wife of