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2026 DAILYLAW 20212 (HP)

KIRAN BALA v. STATE OF HP AND ORS

CWP/3258/2022 · 2026-08-12

Ajay Mohan Goel

body2026

Judgment text

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( 2026:HHC:34082-DB ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3258 of 2022. Decided on : 12 th August, 2026. Kiran Bala ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Vijay Bir Singh, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General for respondent No.1-State. Ms. Shubh Mahajan, Senior Advocate with Mr. Naresh Mahajan, Advocate. Ajay Mohan Goel, Judge (Oral). By way of this petition, the petitioner has, inter alia, prayed for following relief:- “(a) That the respondent Corporation may kindly be directed to release the whole amount of DCRG and Pension along with interest @12% per annum since 01.02.2020 till its realization within a time bound manner by issuing a writ of mandamus. (b) That the respondents Corporation may kindly be directed to release the arrear of delayed payment of pension and other bene*ts” 2. It is not in dispute that the DCRG, etc., and also pensionary bene/ts which were accruable to the late husband of the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:34082-DB ) petitioner and also family pension, etc., which were payable to the petitioner, after the death of her husband, were not released in favour of the petitioner on the ground that a criminal case was pending against her husband, which is evident from the reply that has been /led by the respondent-Corporation. 3. In the light of the fact that the husband of the petitioner has been acquitted in the criminal proceedings which were initiated against him, in terms of the judgment passed by this Court in Criminal Revision No. 104 of 2017, titled Subhash Chand vs. State of H.P., decided on 19.05.2026, now as there is no impediment in the release of the pensionary bene/ts as well as other emoluments to which the late husband of the petitioner and the petitioner were entitled to, this petition is disposed of with the direction that the pensionary emoluments to which the late husband of the petitioner was entitled to, and other retiral bene/ts shall be conferred upon the petitioner forthwith, and not later than 31st of October, 2026. Family pension, etc., if payable to the petitioner, shall also be released in her favour, and arrears, if any, due on this count shall also be paid to the petitioner on or before 31st October, 2026. If the 3 ( 2026:HHC:34082-DB ) arrears are released to the petitioner by the said date, then no interest shall fall upon the said payments, but if arrears are not released in favour of the petitioner by the said date, then the same shall entail 6% simple interest from the date of the judgment of acquittal i.e. 19.05.2016. 4. Pending applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge 12th August, 2026. (jai)