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2026 DAILYLAW 438 (HP)

STATE OF HP AND OTHERS v. Narwada AND ANOTHER

CMP.M/128/2026 · 2026-03-19

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

Civil Appealbody2026

Judgment text

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2026:HHC:8482 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No. 128 of 2026 In LPA No. 151 of 2026 Decided on: 19.03.2026 ______________________________________________________________ State of H.P. and others ...Applicants/appellants. Versus Narwada and another .. ..Respondents Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 For the applicant/appellant : Mr. Varun Chandel, Addl. A.G. For the respondents : Mr. Rangil Singh, Advocate, for respondent No.2. G.S. Sandhawalia, Chief Justice (Oral) The present appeal which is barred by 277 days is directed against the order of learned Single Judge passed in CWP No. 7795 of 2025 titled Narwada vs. State of H.P. and others, decided on 28.05.2025, whereby innocuous direction has been given to consider and decide the representation dated 08.01.2024 (Annexure P-7) within a period of four weeks. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- 2026:HHC:8482 2. The learned Single Judge had directed the said consideration keeping in view the fact that the writ petitioner had stated that his case was covered by the judgment passed by the Apex Court in Civil Appeal No. 630-9 of 2017, titled Sunder Singh vs. State of H.P. and others, Civil Appeal No. 4792 of 2022 titled Balo Devi vs. State of H.P. and others and LPA No. 196 of 2022 titled as Roop Lal vs. State of H.P. and others. 3. Perusal of the representation goes to show that the claim, as such, is for grant of pension on the basis of the notification dated 4th May, 2023 and, apparently, the petitioner was denied pension on the ground of non-completion of ten years of regular service by the husband of the petitioner. Reliance has been placed on Sunder Singh vs. State of H.P. (supra) for granting the said benefit. In such circumstances, the decision-making is to be done by the State. Therefore, rather than taking a decision itself, and keeping in view the law already laid down, the appeal has been filed though the learned Single Judge has rightly directed the representation to be decided within a period of four weeks. -3- 2026:HHC:8482 4. In similar circumstances, we have also dismissed CMP(M) No. 129 of 2026 in LPA No. 105 of 2026 titled State of H.P. vs. Niram Chand, on 05.03.2026. 5. In such circumstances, we are of the considered opinion that the filing of this appeal was totally misconceived as it is the bounden duty of the State to take a decision on the said representation as directed by the Single Judge if the law has been laid down and which the respondent/State is bound to follow. Therefore, though we condone the delay of 277 days in filing the appeal, but we dismiss the appeal. 6. Accordingly, the appeal is dismissed as indicated hereinabove, so also the pending application(s) if any. (G.S.Sandhawalia) Chief Justice 19th March, 2026 (Jiya Lal Bhardwaj) (GR/Ankit) Judge