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2025 DAILYLAW 30117 (HP)

PUSHPA DEVI v. STATE OF HP AND ORS

CWP/17920/2025 · 2025-11-19

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17920 of 2025 Decided on: 19th November, 2025 ------------------------------------------------------------------------- Pushpa 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. Harsh Vardhan, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General for respondents No. 1 and 2. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No. 1 & 2. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner is aged 78 years and claims to be first wife of late Sh. Khem Dass stately employed as Senior Assistant in the respondents- Health & Family Welfare Department, H.P. The case set up by petitioner is 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 that her husband was in receipt of pension from the respondents subsequent to his retirement on 30.04.1998. He passed away on 29.12.2023 but did not nominate petitioner’s name in the pension documents. It has also been pleaded that petitioner’s late husband had solemnized another marriage with one Smt. Gita Devi to whom three sons were born from the wedlock. 4. Neither Smt. Gita Devi nor her sons have been impeaded as parties in the petition. In the pleaded facts, when petitioner's name, admittedly, has not been nominated by her husband as recipient for pension, their impleadment becomes necessary. Confronted with above, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file afresh in accordance with law after incorporating proper parties & pleadings. Granting such permission, the writ petition is dismissed as withdrawn. Pending miscellaneous application(s), if any, shall also be disposed of. Jyotsna Rewal Dua November 19, 2025 Judge yogesh