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2025 DAILYLAW 34601 (HP)

SUMNA v. THE STATE OF HP AND OTHERS

CWP/18644/2025 · 2025-12-01

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 18644/2025 Decided on: 01.12.2025 Sumna …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Ms. Suchitra Sen, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua , J Notice. Mr. Rajat Choudhary, learned Assistant Advocate General, accept notice on behalf of the respondents. 2. Petitioner is wife of late Sh. Prakash Chand. He retired from Government service as regular Beldar (Class-IV employee) on 30.04.2013. Sh. Prakash Chand, passed away on 27.02.2014. 3. Learned Assistant Advocate General submitted that the service rendered by petitioner’s late husband was less than the qualifying service prescribed under the CCS (Pension) Rules, 1972, and therefore, she is not entitled to pension/family pension.. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 4. Petitioner seeks applicability of Sunder Singh Vs. State of H.P. & Ors.2, Balo Devi & others Versus State of Himachal Pradesh and others3 and Baldev Vs. State of Himachal Pradesh & Ors4 to earn pension/family pension. Admittedly, the petitioner has invoked extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India without even preferring any representation to the competent authority for the redressal of her grievance raised in the writ petition. 5. Confronted with above, learned counsel for the petitioner submitted that the petitioner would be preferring her representation within two weeks from today. In case, such representation is so preferred, the competent authority shall consider and decide the same, in accordance with law, within further period of six weeks. The order so passed shall also be communicated to the petitioner. The instant petitions are disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 1st December, 2025(rohit) 2Civil Appeal No. 6309 of 2017, decided on 08.03.2018 3 Civil Appeal No.4792 of 2022 decided on 18.07.2022 4 Latest HLJ 2022 (HP) (1) 151