Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10574 of 2025
Decided on: 4th July, 2025 ------------------------------------------------------------------------------------- Achhari Devi
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Bonit Thakur, Advocate vice
Mr. A.K. Gupta, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 and 2.
Mr. Virender Kumar, Advocate vice Mr. Mukul Sood, Advocate, for respondent No.3.
Mr. Tek Ram Sharma, Advocate, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General, Mr. Virender Kumar, Advocate vice Mr. Mukul Sood, learned counsel and Mr. Tek Ram Sharma, learned counsel, appear and waive service of notice on behalf of the respective respondents.
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
2.
With the consent of learned counsel for the parties, the matter is heard at this stage.
3.
Petitioner’s case is that the services of her late husband-Sh. Ravi Kumar were regularized on 01.01.2001 as Supervisor. The late husband of the petitioner served respondent No.3-Corporation for about nine years on regular basis before his superannuation on 31.12.2009.
Learned counsel for the petitioner contends that the late husband of the petitioner had also rendered ten years of service as daily wager w.e.f. the year 1991 to 31.12.2000.
4.
Learned counsel for the petitioner submits that the petitioner is entitled to the benefit of decision rendered in Roop Lal Versus State of H.P. & Others2. In the aforesaid decision, Hon’ble Division Bench had directed the respondents to extend the benefit of law laid down in Sunder Singh Versus The State of Himachal Pradesh & Ors.3 and Balo Devi & others Versus State of Himachal Pradesh and others4. SLP(C) No.1007/2024 instituted by the State against the aforesaid decision has been dismissed by the Hon’ble Apex Court on 18.03.2025.
2 LPA No.196 of 2022, decided on 11.10.2023
3 Civil Appeal No.6309 of 2017, decided on 08.03.2018
4 Civil Appeal No.4792 of 2022, decided on 18.07.2022
3
5.
The above position is not in dispute. Hence, this writ petition is disposed of by directing respondent No.2/Competent Authority to consider the case of the petitioner for grant of family pension to her in light of the aforesaid decisions in Roop Lal2, Sunder Singh3 and Balo Devi4 within a period of six weeks from today. The decision so arrived at, shall 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 July 04, 2025
Judge Mukesh