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2021 DAILYLAW 1018 (HP)

TARSEEM KUMAR v. STATE OF HP AND OTHERS

CMP/19891/2023 · 2026-03-24

Sandeep Sharma, Vivek Singh Thakur

body2021

Judgment text

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Tarseem Kumar Vs. State of H.P. and Others CWP No.4918 of 2021 (Disposed) 24.03.2026 Present: Mr. Nitin Thakur, Advocate, for the petitioner. Mr. Sushant Kaprate, Additional Advocate General, for respondents No.1 & 2/State. Mr. Abhinav Mohan Goel, Advocate, vice Mr. Raman Jamalta, Advocate, for respondent No.3. CMP(M) Nos.1876 of 2023 and 1918 of 2024 Reply on behalf of respondent No.3 stands filed. No reply is intended to be filed on behalf of respondents No.1 and 2. Applicants are legal heirs of original petitioner. They came to know about the dismissal of petition on contacting their counsel at Shimla that petition had been disposed of, being rendered infructuous, on the basis of statement of counsel representing the petitioner, vide order dated 27.04.2022. In aforesaid, present applications have been filed by legal heirs of original petitioner-Tarseem Kumar on the ground that benefit, for which petition was filed by Tarseem Kumar, after his death, are extendable and payable to his legal heirs i.e. present applicants and therefore, they have right to sue and continue the petition after the death of original petitioner-Tarseem Kumar. Death certificate of deceased Tarseem Kumar, indicating the date of his death as 03.02.2022 as well as legal heir certificate indicating that applicants are legal heirs of deceased-Tarseem Kumar, have also been placed on record along with the application. Undoubtedly, pensionary benefits, after the death, if any, payable to the original petitioner shall become payable to his legal heirs as per their entitlement and as per rules. In view of the above, we are of the opinion that applicants have right to continue the original petition preferred by Tarseem Kumar. Accordingly, applicants are permitted to be brought on record as petitioner Nos.1(a), 1(b) and 1(c), respectively, after condonation of delay and setting aside the abatement, if any. Applications are disposed of. CMP(M) No.1681 of 2024 and CMP No.19891 of 2023 For the reasons stated in the applications, order dated 27.04.2022 is recalled and petition is directed to be restored with its original number to its original status, after condonation of delay in filing the application, for restoration of the petition. Applications are allowed and stand disposed of. CWP No.4918 of 2021 Amended memo of parties be filed within one week. Petition be listed before appropriate Bench for adjudication as per Roster, during the week commencing from first week of April, 2026. (Vivek Singh Thakur) Judge (Sandeep Sharma) Judge March 24, 2026 (Rajeev Raturi)