Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2543 of 2026
Decided on 18th March, 2026 Smt. Indira Devi
…Petitioner Versus State of Himachal Pradesh and others
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Prantap Sharma, Advocate.
For the respondents: Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- (I)
“That a writ in the nature of mandamus may kindly be issued by directing the respondents to enter the name of the petitioner in the Service Record of late Sh. Roop Lal as his wife in the interest of law and justice.
(II) That further a writ in the nature of mandamus may kindly be issued by directing the respondents to held the petitioner entitled to the family pension from the date of death of late Sh. Roop Lal, with all consequential benefits.”
2
2.
The case of the petitioner is that she is the second wife of late Sh. Roop Lal. It is the own case of petitioner that her husband late Sh. Roop Lal had earlier married one Smt. Dhani Devi, who gave birth to two daughters. Thereafter, as no son was born out of this wedlock, according to the petitioner, Smt. Dhani Devi voluntarily permitted her husband to remarry, so that he could have a male child. According to the petitioner, as she happens to be the legally wedded wife of the deceased employee of the Department and had discharged all her obligations as a wife, therefore, she is entitled to have her name entered in the service record her deceased husband as his wife.
3.
This Court is of the considered view that in the light of the facts pleaded in the case, the appropriate remedy for the petitioner is to seek a succession certificate in accordance with law, and this Court is not in a position to issue the directions, as prayed for.
4.
At this stage, learned counsel for the petitioner submits that the petitioner be granted liberty to file an appropriate petition for grant of succession certificate before
3 the appropriate Court.
5.
Accordingly, these proceedings are closed, with liberty as prayed for.
6.
Pending miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge March 18, 2026 (Vinod)