Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.945 of 2025
Date of Decision: 24.2.2025 _____________________________________________________________________ Surjeet Kaur
……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Gaurav Sharma, Advocate. For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for following main reliefs:
“a) A Writ of mandamus may kindly be issued to respondents No.1 to 3 directing them to restore the dearness allowance on family pension to the petitioner w.e.f. 24/1/2022 along with arrears from the date when the allowance was stopped. b) A writ of mandamus may kindly be issued to respondents No. 2 and 3 to decide the representation dated 16/12/2024 within a time bound period. c) That the judgment be passed in favour of the petitioner since the matter is squarely covered by the judgment dated 6/12.2023 passed in LPA no. 197 of 2023 titled as Shakuntala Devi Vs. State of H.P.”
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2. Learned counsel for the parties are ad-idem that case of the petitioner is squarely covered by the judgment dated 6.12.2023 rendered by the Division Bench of this Court in LPA No. 197 of 2023 titled as Smt. Shakuntala Devi v. State of Himachal Pradesh and Ors., which has been further upheld by the Hon’ble Apex Court. 3. While putting in appearance on behalf of the respondents, Mr. Vishal Panwar, learned Additional Advocate General, fairly states that in terms of judgment (supra), prayer made in the instant petition deserves to be considered. He states that representation filed by the petitioner shall be decided in time bound manner, if not already decided. 4. Consequently, in view of the fair statement made by the learned Additional Advocate General coupled with the fact that issue sought to be raised in the instant petition already stands adjudicated by the Division Bench of this Court and in that regard, representation has been already filed by the petitioner, this Court without going into the merits of the case, deems it fit to dispose of the present petition with direction to the competent authority to consider and decide the pending representation dated 16.12.2024, expeditiously, preferably, within six weeks. Ordered accordingly.
Ordered accordingly. Needless to say, authority concerned while doing the needful, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon. - 3 -
5. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. February 24, 2025
(Sandeep Sharma), (manjit)
Judge