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2025 DAILYLAW 12105 (HP)

BIMLA DEVI v. STATE OF HP AND OTHERS

CWP/5373/2024 · 2025-03-01

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5373 of 2024 Date of Decision: 1.3.2025 _____________________________________________________________________ Bimla Devi ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Mehar Chand Thakur, Advocate. For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for respondents No. 1 to 4-State. Mr. Tek Ram Sharma, Advocate, for respondent No.5. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main reliefs: “ i) That the petitioner be considered for pension and other related benefits with effect from 31.03.2005. ii). That the case of the petitioner is securely covered with the judgment of Hon’ble Apex Court in Sunder Singh and Balo Devi case supra. iii) That the respondent may kindly be ordered to grant the arrears of the pension alongwith interest, at the earliest possible in the interest of justice. iv) That the respondent may also be directed to grant the pensionary and consequential benefits.” - 2 - 2. Pursuant to notices issued in the instant proceedings, respondents No 1 to 4 have filed reply through Conservator of Forests, Bilaspur Forest Circle, Bilaspur Himachal Pradesh, wherein it has been specifically admitted that case of the petitioner is squarely covered by the judgment rendered by the Hon’ble Apex Court in Civil Appeal No. 6309 of 2017, titled Sunder Singh v. State of Himachal Pradesh and Ors., as is being claimed by the petitioner. It would be apt to take note of relevant para of the reply: “5 That in reply to the contents of this para of the petition, it is submitted that after going through the reliefs sought by the petitioner in this petition, it is observed that the case of husband of the petitioner is covered under judgment of Hon’ble Apex Court in Civil Appeal No. 6309 of 2017 titled as Sunder Singh Vs State of Himachal Pradesh and Ors. and the case of deceased husband of the petitioner has been considered and found fit for pensionary benefits w.e.f. 01.01.2018 on the analogy of Sunder Singhs’ case vide Divisional forest Officer Bilaspur office order No. 375 dated 03.10.2024 (Annexure R-II).” 3. Since in the afore reply, respondents themselves admitted case of the petitioner, there appears to be no impediment in accepting the prayer made in the petition. 4. Consequently, in view of the above, present petition is allowed and petitioner is held entitled to benefit in terms of judgment passed by the Hon’ble Apex Court in Sunder Singh’s case (supra) and - 3 - respondents are directed to send the case of the petitioner for pension to the office of Accountant General within two weeks, who is further directed to the needful within four weeks from the date of receipt of proposal from the respondents-department. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. March 1, 2025 (Sandeep Sharma), (manjit) Judge