IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4756 of 2025 Date of decision: 02.04.2025 Satya Devi. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Bonit Thakur, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No.1 to 4. : Mr. Tek Ram Sharma, Advocate, for respondent No.5. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General and Mr. Tek Ram Sharma, Advocate, appear and waive service of notice on behalf of respondents No.1 to 4 and respondent No.5, respectively. In light of facts, the legal position as well as the order being passed hereinafter, it is not necessary to call for reply of the petition. 2. Petitioner instituted Satya Devi vs. State of H.P. & Ors.1 seeking family pension from due date with all incidental 1CWP No.6339 of 2023 decided on 13.09.2023. Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- benefits. The writ petition was disposed of on 13.09.2023 with directions to respondents to consider the case of the petitioner in light of law laid down in Baldev Vs. State of Himachal Pradesh & Ors.2, Sunder Singh Versus The State of Himachal Pradesh & Ors.3 and Balo Devi & Ors. vs. State of Himachal Pradesh & Ors.4. Respondents pursuant to the above directions considered the case of the petitioner and vide office order dated 23.10.2023 declined to grant benefit of decisions in Baldev1, Sunder Singh2 and Balo Devi3 to the petitioner on the ground that petitioner’s late husband superannuated as Mason, i.e. Class-III post, whereas the above decisions were rendered in case of Class- IV post. 3. Learned counsel for the petitioner placed reliance upon Roop Lal Versus State of H.P. & Others5, whereby benefit of law laid down by the Hon’ble Apex Court in Sunder Singh3 and Balo Devi4 was ordered to be extended to Class-III employees as well. Relevant portion from the aforesaid decision reads as under:- 2HLJ 2022 (HP)(1)151 3Civil Appeal No. 6309 of 2017 decided on 08.03.2018. 4Civil Appeal No. 4792 of 2022 decided on 18.07.2022. 5LPA No.196 of 2022, decided on 11.10.2023 -3- “22. In view of the above discussion, respondent- State is directed to extend benefit of Daily Wage service to the petitioner, in terms of Sunder Singh's case, as explained in Balo Devi's case, for calculating qualifying service for the purpose of pension, and to extend all benefits of pension to the petitioner within one month from today. However, the petitioner shall be entitled for monetary benefits three years prior to the date of filing of the petition. Benefits accruing beyond three years prior to filling of the petition, if any, shall be only on notional basis. 22-A. With respect to the cut-off date from which actual monetary benefits are to be extended, keeping in view the law laid down by Supreme Court in Sunder Singh’s and Balo Devi’s cases, it is further clarified that the petitioner shall be entitled for actual monetary benefits w.e.f. 1.1.2018 and the monetary benefits, if any, prior to 1.1.2018 shall only be on notional basis, but if the three years period, prior to filing of the petition, is subsequent to 1.1.2018, then the actual benefits shall be granted from such subsequent date.” Learned counsel for the petitioner submits that SLP(C) No.1007/2024 preferred by the State against the aforesaid decision has been dismissed by the Hon’ble Apex Court on 18.03.2025 (Annexure P-2). 4. In view of the aforesaid decision in Roop Lal’s5 case, the reasoning assigned by the respondents in the impugned office order dated 23.10.2023 (Annexure P-3), cannot be sustained. Accordingly, impugned office order dated 23.10.2023 (Annexure P-3) is quashed and set-aside. Respondents are directed to consider and decide the case of the petitioner afresh in accordance with law keeping in view -4- the aforesaid decisions, within a period of four weeks from today. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 2nd April, 2025 Judge (Pardeep)