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2025 DAILYLAW 34008 (HP)

MASTU DEVI v. THE STATE OF HP AND OTHERS

CWP/3357/2025 · 2025-11-18

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3357 of 2025 Date of Decision: 18.11.2025 _____________________________________________________________________ Mastu Devi ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sparsh Bhushan, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Additional Advocates General, Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondents-State. Mr. Tek Ram Sharma, Advocate, for the Accountant General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs: “(i) That an appropriate writ, order or directions may kindly be issued and the respondents may kindly be directed to grant the benefit to the petitioner as has been granted by this Hon’ble Court in CWP NO.11506/2011, titled as LaxmiChand VS. State of HP and CWP No.8020/2013 titled as Sita Ram Vs. State of HP, with all consequential benefits of pay, arrears etc. on the same pattern on which it is granted to the above mentioned two person in the interest of law and justice; (ii) That an appropriate writ, order or directions may kindly be issued and the respondents may kindly be directed to regularise the services of the petitioner on and with effect from September, 2011 from which date her juniors were regularised, with all consequential benefits of pay, arrears etc and the arrears may be ordered to be paid along with interest @ 9% p.a. 2. Though vide order dated 11.03.2025, this Court had called upon respondents-State to file reply, but Mr. Ravi Chauhan, learned Deputy Advocate General, has placed on instructions dated 11.11.2025 issued under the signatures of Director, Ayush, Himachal Pradesh, enclosing therewith copy of order dated 19.09.2025 passed by afore authority, to state the relief, as prayed for, in the instant proceedings stands granted to the petitioner, as such, nothing remains to be adjudicated in the instant proceedings. 3. In the instant case, petitioner had precisely prayed that he be also granted benefits, in terms of judgments passed by this Court in CWP No.11506/2011, titled as Laxmi Chand VS. State of HP and CWP No.8020/2013, titled as Sita Ram Vs. State of HP, with all consequential benefits of pay, arrears etc. on the same pattern on which it is granted to the above mentioned persons in the interest of law and justice. 4. Careful perusal of order dated 19.09.2025 passed by Director Ayush, Himachal Pradesh, clearly reveals that respondents, after having considered the case of the petitioner, in terms of afore judgments, have found him to be similar situate to Laxmi Chand and 2 Sita Ram and accordingly, the pension case of the petitioner has been sent to the office of Accountant General, vide letter dated 30.10.2025. 5. Consequently, in view of the above, nothing remains to be adjudicated in the instant petition and accordingly, the same is disposed of with a direction to the office of Accountant General, who is represented by Mr. Tek Ram Sharma, Advocate, that order, thereby authorizing pension, as per communication dated 30.10.2025 issued by respondent No.3 i.e. District Ayurvedic Officer, Shimla, in favour of the petitioner, is passed/issued within four weeks from today. Consequential benefits, pursuant to grant of benefit, in terms of order dated 19.09.2025, shall be released expeditiously, preferably within eight weeks after authorization of pension in favour of the petitioner by the office of Accountant General. Pending applications, if any, stand disposed of. November 18, 2025 (Sandeep Sharma), (sunil) Judge 3