Himachal Pradesh High Court
CWP/8964/2022 on 30 December 2022
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 8964 of 2022
Date of decision: 30.12.2022
____________________________________________________ Bimla Devi
…..Petitioner
Versus
State of H.P. & others
….Respondents ____________________________________________________
Coram:
The Hon’ble Mr. Justice A.A. Sayed, Chief Justice The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 _____________________________________________
For the petitioner Mr. A.K. Gupta, Advocate.
For the respondents: Mr. Anup Rattan, Advocate General with Mr. Adarsh K. Sharma, Additional Advocate General.
A.A. Sayed, Chief Justice (Oral)
The petition is filed by the petitioner seeking the following relief:
“That the respondents may be ordered to consider the case of the petitioner for family pension in view of the notification Annexure P-1 with all benefits incidental thereof.”
1 Whether the reporters of Local Papers may be allowed to see the judgment?
2. The learned Counsel for the petitioner has invited our attention to the Office Memorandum dated 22.02.2022 (Annexure P-1) and the order dated 14.07.2022, passed by the Division Bench of this Court in Smt. Maheshwari vs. State of H.P. & others (Civil Writ Petition No. 4630 of 2022). He states that the case of the petitioner is covered by the aforesaid judgment of the Division Bench which has considered the Office Memorandum dated 22.02.2022 (Annexure P-1).
3. In the facts and circumstances of the case and in terms of the order dated 14.07.2022, passed by the Division Bench of this Court in Maheshwari’s case (supra), we dispose of the petition by directing the respondents to consider and decide the case of the petitioner for family pension in terms of the Office Memorandum dated 22.02.2022 (Annexure P-1) expeditiously and in any event within six weeks from today. In case the petitioner is found to be entitled to the relief, as prayed in the instant petition in terms of the aforesaid Office Memorandum, the same shall be released to her forthwith. However, liberty is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law, if she still remains aggrieved.
4. Pending miscellaneous application(s), if any, also to stand disposed of.
(A.A. Sayed)
Chief Justice.
December 30, 2022
(Jyotsna Rewal Dua) (hemlata)
Judge.