Supreme Court Directs Re-evaluation of Extraordinary Pension Claim by Widow of Deceased Doctor, The Supreme Court sets aside Uttarakhand High Court's order granting extraordinary pension; mandates assessment under Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981.
In a significant ruling, the Supreme Court of India on April 9, 2026, directed a fresh evaluation of the claim for extraordinary pension by Sarita Singh, the widow of Dr. Sunil Kumar Singh, who was shot dead while on duty. The Court set aside the Uttarakhand High Court's directive that ordered the state to pay an extraordinary pension, citing procedural lapses and the necessity for the Governor's sanction under the Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981.
The bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar stated that the High Court erred in bypassing the statutory procedure that requires the Governor's sanction before the award of an extraordinary pension. The Court emphasized that the discretion to grant such pension lies with the Governor, who must be given the opportunity to exercise this discretion as per the 1981 Rules.
Dr. Sunil Kumar Singh, a medical officer, was killed while performing his duties, leading Sarita Singh to seek extraordinary pension and compensation. The Uttarakhand High Court had earlier ruled in her favor, ordering a compensation of Rs. 1,99,09,000 and extraordinary pension. However, the Supreme Court found that the procedure outlined in the 1981 Rules was not followed, particularly the lack of an application in the prescribed form and the absence of the Governor's decision.
The Supreme Court noted that while Sarita Singh had received Rs. 1,00,00,000 as compensation, the issue of extraordinary pension remains unresolved. The Court permitted her to submit a formal application within four weeks, which the competent authority must consider within twelve weeks, ensuring compliance with the Rules of 1981. The Court clarified that the High Court's observations should not influence this process.
The ruling underscores the importance of adhering to statutory procedures in the award of pensions and compensations and reinforces the Governor's role in such matters. The case highlights the challenges faced by families of public servants who die in the line of duty and the legal intricacies involved in securing their entitled benefits.
Bottom Line:
Extraordinary Pension under Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981 - Sanction of Hon'ble Governor is mandatory before awarding extraordinary pension. High Court cannot substitute its decision for that of the authority vested with discretionary powers under the Rules.
Statutory provision(s): Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981, Article 226 of the Constitution of India, Uttarakhand Medicare Services Persons and Institutions (Prevention of Violence and Damage of Property) Act, 2013.
State of Uttarakhand v. Sarita Singh, (SC) : Law Finder Doc id # 2880214
