COPC/511/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

COPC No.511 of in CWP No.8789 of 2023

Decided on: 29th December, 2023 ________________________________________________________ Rameshwari Devi

....Petitioner

Versus

Rakesh Kanwar & ors.

….Respondents

Coram

Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting?

For the petitioner : Mr. Bhender Kumar

Chaudhary, Advocate.

For the respondents : Mr. Ravi Chauhan, Deputy

Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. Ravi Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

2. This Court had passed the following order in CWP No.8789 of 2022, titled as Rameshwari Devi versus State of Himachal Pradesh & ors., on

Whether reporters of Local Papers may be allowed to see the judgment? Yes

12.04.2023, which read as under:- “3. In this view of the matter, we deem it appropriate to dispose of the instant petition by directing the petitioner to submit all requisite documents as stated by the respondents within a period of four weeks. In the event of such documents being submitted within the stipulated time, the respondents shall thereafter consider and process the claim of the petitioner, in accordance with law and take consequential action as warranted within a period of six weeks thereafter.”

3. Learned counsel for the petitioner submits that in compliance to the directions in Para 3 of the judgment dated 12.04.2023 (Annexure C-1), the petitioner has submitted the required documents but no further action has been taken by the respondents till day.

4. Per contra, Mr. Ravi Chauhan, learned State Counsel, has furnished Instructions dated 28.12.2023 (Taken on Record). The operative part of the same is as under:- “That as per the information received from the Principal, GSSS, Killar (Pangi) District Chamba, it is submitted that in pursuance to the direction of the

Hon’ble High Court, the petitioner has submitted all necessary documents for the pension claim in the office of Principal, GSSS, Killar in the month of April, 2023. Thereafter, the pension case of the petitioner has been submitted to Sub Treasury, Killar on 19-04- 2023. It is submitted that on 4-5-2023, the Treasury Officer, Sub-Treasury, Killar return the case of the petitioner with the remarks that now, the case of the petitioner will treated under Old Pension Scheme notification of the Government of H.P. Thereafter, the Principal, GSSS, Killar has contacted District Treasury Officer, Chamba telephonically about the procedure of pension claim under Old Pension Scheme. The District Treasury Office, Chamba said that guidelines of Old Pension Scheme are not available with them and till date no pension case under OPS of Govt. of H.P. received to their office. On 05-09-2023 pension case of the petitioner has again been forwarded to the Senior Accountant General (A&E) HP Shimla-3 by the Principal, GSSS, Killar, District Chamba. The case of the petitioner is still pending in the office of Accountant General, Shimla- 171003. As and when, any directions have been received from the office of AG, H.P., further action in the matter could be taken accordingly.”

5. A perusal of the Instructions dated 28.12.2023 reveals that the State authorities i.e. GSSS, Killar, District Chamba, has forwarded the case of the petitioner

for family pension to the Senior Accountant (A&E) H.P., Shimla on 05.09.2023 and further action in the matter is to be undertaken by the Accountant General concerned.

6. In view of this, the present proceedings are closed with a direction to the respondents to ensure that the judgment is complied with within four weeks from today.

In case the judgment dated 12.04.2023 (Annexure C-1) is not implemented by passing the necessary consideration order, the petitioner is free to seek revival of the instant Contempt petition.

(Ranjan Sharma)

Judge December 29, 2023

(Shivender)