Extracted from the PDF above. The PDF is authoritative.
2026:HHC:33174 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8221 of 2024 Decided on: 07.08.2026 Smt. Rekha Devi … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner: Mr. B.M. Chauhan, Senior Advocate, with Ms. Kamakshi Tarlokta, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 and 2. Mr. Anil Thakur, Advocate, vice Mr. Sushant Vir Singh Thakur, Advocate, for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following relief:-
“i. That a writ of mandamus may kindly be issued directing the respondents to pay pension to the petitioner in accordance with H.P. Corporate Sector Employees (pension, family pension, commutation of pension and gratuity) Scheme, 1999, i.e. Annexure P-1, on the death of her husband late Sh. Amar Singh (Helper) with all consequential benefits including interest with effect from the date of his retirement.”
2. Learned Senior Counsel appearing for the petitioner submits that the issue raised in the present petition is no more resintegra and it is covered in terms of the judgment passed by this Court in CWP No.1170 of 2022, titled Smt. Raj (since deceased) 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:33174 through her legal representatives, namely, Smt. Vandana and another Versus State of Himachal Pradesh and another, decided on
20.07.2026. 3. Though, learned Counsel appearing for respondent No.3 does not disputes this fact, but he has handed over for the perusal of the Court a commutation addressed by the Director of Horticulture, Himachal Pradesh, to Managing Director (HPMC) and Managing Director (HPAIC) on the subject “Execution Petition No.2555 for 2025 titled as Opinder Sharma and Others Vs. State of HP and Others, disbursement of Corporate Pension thereof”, which reads as under:-
“Please refer to Letter No. HPMC-Acctts-62/2020-1984 dated 09.07.2026 and Letter No. AIC-2-4/2010-Vol.V-633 dated 30.06.2026 on the subject cited above. In this regard, it is intimated that the matter was taken up with the Government. The Government has informed that a new Sub-Minor Head 2401-00-190-01 "Himachal Pradesh Corporate Sector Employees (Pension, Family Pension, Commutation of Pension and Gratuity) Scheme, 1999" has been opened vide Notification No. FinA- C02/12/2026 dated 23rd July, 2026.
Further, the Government has conveyed its approval to provide the requisite budget under the above Head of Account in favour of your corporation. In view of the above, you are requested to furnish the Bank Account details of your corporation at the earliest to enable this Department to release the requisite funds well in time for disbursement of pension and other admissible retirement benefits to the beneficiaries without any delay.” [[ In terms of this communication, the Government has informed the
3 2026:HHC:33174 concerned Managing Director that a new Sub-Minor Head has been opened vide Notification dated 23.07.2026 and the Government has conveyed this approval to provide a requisite budged the above Head of account in favour of HPMC as well as HPAIC. 4. In light of this development, this petition is disposed of by holding that findings returned in CWP No.1170 of 2022 (supra) shall be construed to have been passed in the present petition also and as far as the grant of relief to the petitioner is concerned, obviously now the same shall also be governed by the commutation that has been issued by Director of Horticulture, dated 28.07.2026, referred to (supra). Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel)
Judge August 07, 2026 (Rishi)