IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6323 of 2021 Date of Decision: 2.6.2025 _____________________________________________________________________ Mamta Devi ……...Petitioner Versus State of Himachal Pradesh and another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Archana Dutt, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) While placing on record communication dated 30.5.2023, issued under the signature of Director (Urban Development), Himachal Pradesh, learned Additional Advocate General states that relief, as prayed for, in the instant petition, stands granted. 2. Before ascertaining correctness of aforesaid submission made by the learned Additional Advocate General, this Court finds it appropriate to reproduce the relevant portion of the afore communication, which reads as under: - 2 - “ Kindly refer to your letter No. CWP-6323/2021-22425 dated 03.05.2025 and read with Hon'ble High Court order dated 28.04.2025 passed, on the subject cited above. In this regard, it is submitted that as prayed by the Petitioner, admissible Family Pension Order (PPO) has been issued vide No. UD-H (B) (10)-2322/2022-17990-91 dated 28.05.2025 (copy enclosed) in favour of Petitioner Smt. Mamta dully addressed to the Executive Officer, Municipal Council, Baijnath Paprola, District Kangra with the direction to pay the same on Priority Basis out of Employers Contribution in Contributory Provident Fund of Municipal Council, Baijnath Paprola, copy endorsed to the Petitioner with the request to contact aforesaid Municipal Council for getting Family Pension regularly. However as regard to count the contractual services rendered by Lt. Sh. Hitesh Kumar, Husband of Petitioner for the purpose of Pensionery benefits, under CCS (Pension) Rules, 1972, the matter regarding applicability of the benefits of Finance Department O.M dated 10.06.2024, is under consideration with the State Govt. as perused from replying Respondent letter dated 27.06.2024 (Copy enclosed). As and when Govt. will take any decision thereon, further action on the same may be initiated accordingly. As such admissible benefits of family Pension Payment Order dated 28.05.2025 has been granted/sanction in favour of the Petitioner as prayed in CWP under reference. In view of the above, it is therefore requested to place the above facts before the Hon'ble Court as and when matter will be listed for further hearing on 02.06.2025 or thereafter please. Encl.: As above. Yours faithfully.” 3. Careful perusal of aforesaid communication reveals that admissible family pension order (PPO) has been issued in favour of petitioner and necessary instructions already stand issued to the - 3 - Executive Officer, Municipal Council, Baijnath Paprola, District Kangra to ensure payment on priority basis out of Employers Contribution in Contributory Provident Fund of Municipal Council, Baijnath Paprola, however, as regards to count the contractual services rendered by late husband of petitioner for the purpose of pensionary benefits under CCS (Pension) Rules, 1972 (in short “Rules”), the matter regarding benefits of Finance Department O.M. dated 10.06.2024 is under consideration with the State Government and as and when Government takes its decision, further action in the matter shall be taken. 4. Consequently, in view of the above, this Court sees no reason to keep the present petition alive and accordingly, same is disposed of with a direction to the respondents to ensure that second relief with regard to counting of contractual service rendered by late husband of the petitioner for the purpose of benefits under the Rules, if not already taken, shall be taken expeditiously, preferably, within six weeks, failing which petitioner would be at liberty to file fresh petition for redressal of his surviving grievance. Pending applications, if any, also stand disposed of. June 2, 2025 (Sandeep Sharma), (manjit) Judge