The Supreme Court has held that extraordinary pensions under statutory rules can only be granted after due consideration by the competent authority—specifically the Governor—and not directly by courts.
The bench of Justice J.K.Maheshwari and Justice Atul S. Chandurkar emphasized that the 1981 Rules form a complete code governing extraordinary pension and clearly require mandatory sanction of the Governor and exercise of administrative discretion based on prescribed conditions.
The case arose from the tragic death of Dr. Sunil Kumar Singh, a government medical officer who was shot dead in 2016 while on duty in Uttarakhand. His widow, Sarita Singh, sought compensation, compassionate appointment for her son, and grant of extraordinary pension under the Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981.
While certain benefits—such as ₹1 crore compensation, compassionate appointment, salary arrears, and family pension—were eventually provided, the dispute centered on whether she was entitled to an extraordinary pension.
The Uttarakhand High Court had earlier ruled in her favor, directing the State to grant both compensation and extraordinary pension.
The central question before the Supreme Court was: can a High Court directly order grant of extraordinary pension without the statutory authority (Governor) exercising its discretion under the applicable rules?
The Court held that such discretion must first be exercised by the designated authority, and courts should not substitute that decision-making process.
The court observed that the High Court failed to follow the statutory framework before granting extraordinary pension. The Governor had never been given an opportunity to examine the claim. Courts should ordinarily direct authorities to decide, rather than decide themselves in such matters
The Supreme Court partly allowed the appeal filed by the State of Uttarakhand and ruled that the Compensation of Rs. 1 crore remains valid and will not be recovered. High Court’s direction granting extraordinary pension is set aside. The widow may apply for extraordinary pension under the Rules. Authorities must decide within 12 weeks of application
The Court clarified that the decision must be taken independently, without being influenced by earlier observations of the High Court or the Supreme Court itself.
Case Details
Case Title: The State Of Uttarakhand Versus Sarita Singh And Ors.
Citation: JURISHOUR-695-SC-2026
Case No.: SLP (C) NOS.19840-19841 OF 2021
Date: 09/04/2026
