1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15646 of 2024 Date of decision: 27.05.2025 Tripta Devi. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Goldy Kumar, Advocate. For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General, for the respondents No.1 & 2-State. : Mr. Rangli Singh, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Petitioner alleges herself to be the second wife of late Sh. Bishan Dass. As per the case pleaded by the petitioner, Sh. Bishan Dass served in the respondent-Police Department w.e.f. 06.02.1952 and retired on 28.02.1989 as Sub-Inspector. He was in receipt of pension. Sh. Bishan Dass died on 09.12.2008. At the time of marriage of Sh. Bishan Dass with the petitioner, his first wife Smt. Vidya Devi was alive. After the demise of Sh. Bishan Dass, Smt. Vidya Devi, the first wife of Sh. Bishan Dass, was given family pension. Smt. Vidya Devi passed away on 22.03.2023. -2- In these circumstances, petitioner stakes claim upon family pension as the second wife of Sh. Bishan Dass. 2. The respondents have admitted that petitioner had moved an application on 19.03.2010 seeking grant of equal share in the family pension after the demise of Sh. Bishan Dass on 09.12.2008. According to the respondents, the matter thereafter was examined and petitioner was notified on 09.09.2010 as also on 14.09.2011 that in view of Rule 54 of Central Civil Services (Pension) Rules, 1972, second wife is not entitled for family pension, as she is not the legally wedded wife. That pursuant to petitioner’s renewed representation after the death of Smt. Vidya Devi, petitioner was apprised on 21.08.2023 that she is not entitled to family pension. Respondents have also urged on facts that as per official record, it is only the name of Smt. Vidya Devi that has been entered as wife of Sh. Bishan Dass. Petitioner’s name does not find mention in the undertaking given by Sh. Bishan Dass, Sub-Inspector (Retired). 3. The issue raised by the petitioner has already been adjudicated against her in Durga Devi vs. State of -3- H..P. & Ors.1. Following the ratio of the said decision, the present petition is also dismissed as the petitioner claiming to be the second wife of late Sh. Bishan Dass is not entitled to family pension. Second wife (widow) can be granted family pension, in those cases, where more than one marriage is permissible under the applicable personal laws of the deceased employee and not otherwise. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 27th May, 2025 Judge (Pardeep) 1 CWP No.1657 of 2016 decided on 05.08.2022.