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Lucknow: The Lucknow bench of the Allahabad High Court on Wednesday ruled that statutory service rules framed under Article 309 of the Constitution cannot be amended or rendered ineffective through a govt order. Setting aside an order denying family pension to the unmarried sister of a deceased govt employee, a single-judge bench of Justice Manish Kumar directed the authorities to pay the pension arrears along with 6% annual interest. However, her claim was rejected on Dec 5, 2025, on the basis of a govt order dated Dec 23, 2016, which excluded an unmarried sister from the definition of a deceased employee’s family. During the hearing, the high court referred to Rule 3(5) of the UP Retirement Benefits Rules, 1961. It directed the principal secretary, food and civil supplies department, to ensure payment of the pension arrears from the date of the employee’s death, May 15, 2024, until actual payment, along with 6% annual interest.
Her late brother had nominated her for family pension in his service book, according to the petitioner. The order was passed on a petition filed by Shameen Khan. The court observed that the provision includes unmarried and widowed sisters within the definition of family. The court quashed the order rejecting the petitioner’s claim for family pension. The court directed the authorities to complete the payment process within six weeks of the production or receipt of a certified copy of the order.