NEELAM TRIPATHI vs UNION OF INDIA AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: August 06, 2025 % Pronounced on: September 12, 2025 + W.P.(C) 7133/2019 NEELAM TRIPATHI .....Petitioner Through: Mr. Ajit Kakkar, Adv. Versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Ravi Prakash, Sr. Adv. with Ms. Astu Khandelwal Adv. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT SAURABH BANERJEE, J. Preface: 1. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ of mandamus directing the respondent nos.1 to 4 to release the family pension, along with various other amounts/ entitlements arising out of the service of her husband/ Late Inspector Ashish Tripathi1 in the Border Security Force2 in her favour, along with quashing of the letter dated 13.05.2019 issued by the BSF detailing various such amounts/ entitlements, and to whom the same are payable. 1 Hereinafter referred as ‘Inspector Tripathi’ 2 Hereinafter referred as ‘BSF’ W.P.(C) 7133/2019 Page 1 of 17 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:13.09.2025 11:38:20 Brief Facts: 2. Concisely put, Inspector Tripathi was enrolled in the BSF as a Sub- Inspector on 12.01.2004. At the time of his appointment into service, he nominated his mother Smt. Shradha Tripathi/ respondent no.53 as the sole nominee for his Death-Cum-Retirement Gratuity4, General Provident Fund5 and other financial benefits to be disbursed to the nominee in the event of his death. 3. Thereafter, on 07.02.2011 Inspector Tripathi solemnized marriage with Smt. Neelam Tripathi/ petitioner6, whereafter they were blessed with a child. 4. While there was no change in the previous nominations made by Inspector Tripathi, he made his wife a nominee in