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2025 DAILYLAW 7438 (HP)

PROMILA DEVI v. STATE OF HP AND OTHERS

CWP/7782/2025 · 2025-05-28

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7782 of 2025 Date of decision: 28.05.2025 Promila Devi. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Bonit Thakur, Advocate, vice Mr. A.K. Gupta, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General, for respondent No.1 to 3-State. : Mr. Rangil Singh, Advocate, for respondent No.4. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General and Mr. Rangil Singh, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4. With the consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner’s case is that her late husband Sh. Prakash Chand was appointed in the year 1999 as Class-IV employee on daily wage basis in the respondent-Health Department. His services were regularized on 01.11.2008. He -2- superannuated from service on 31.05.2018 and passed away on 24.12.2022. Petitioner claims family pension by invoking the decision rendered in Sunder Singh Versus The State of Himachal Pradesh & Ors.1. Learned counsel further submits that the petitioners would be satisfied in case she be permitted to prefer representation to competent authority within a period of two weeks and thereafter, the competent authority be directed to decide the said representation within a time-bound schedule. Learned Additional Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by permitting the petitioner to file representation to competent authority within a period of two weeks from today. In case such a representation is received by respondents/competent authority within the aforesaid period, the same shall be considered and decided in accordance with law as well as taking into consideration the above judgment in the case of Sunder Singh1 within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner. 1Civil Appeal No. 6309 of 2017 decided on 08.03.2018. -3- The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 28th May, 2025 Judge (Pardeep)