Himachal Pradesh High Court

CWP/19357/2026 on 2 November 2026

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IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA

CWP No. 19357/2026

Decided on: 02.11.2026 Dasi Devi

…Petitioner

Versus

Government of H.P. & Ors.

.…Respondents. …………………………………………………………………………….

Coram

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioners: Mr. Vijay Bir Singh, Advocate.

For the respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1, 3 to 5.

Mr. Tara Chand Chauhan, Advocate, for respondent No.2.

Jyotsna Rewal Dua, J

Notice. Mr. Sikander Bhushan, learned Deputy Advocate General and Mr. Tara Chand Chauhan, learned counsel, accept notice on behalf of the respective respondents.

2. The case set up by the petitioner is that her husband was serving as Gram Panchayat Vikas Adhikari in the respondent department since the year 1981. He was thereafter promoted to several posts in the respondent department and superannuated in the year 2005 from the office of Block Development Officer, Siraj, District Mandi. He was drawing regular pension at the relevant time. Smt.

Whether reporters of the local papers may be allowed to see the judgment? yes

Khimi Devi was the first wife of petitioner's husband. Petitioner's husband passed away in the year 2013. Smt. Khimi Devi, being the nominee in the pension records of petitioner's husband, received family pension. She passed away in the year 2016. Since no child was born to the said couple, petitioner's husband had solemnized second marriage with the petitioner. Three children were born from this said wedlock. The petitioner claims family pension.

3. Learned counsel for petitioner submits that petitioner is entitled to family pension in view of Urmila Devi vs State of Himachal Pradesh & Others2, State of H.P. & Anr. Vs. Urmila Devi & Anr3 and Umawati Vs. HPSEB & Ors.4

Keeping in view above decisions, it is deemed appropriate to dispose of this writ petition with a direction to the respondents including respondent No.2 to consider the case of the petitioner for grant of family pension, in accordance with law, keeping in view the decisions rendered in Urmila Devi2 and Umawati4. The case shall be decided within four weeks from today. The order so passed be also communicated to the petitioner. In case the petitioner is found eligible for family pension, the same shall be released to her within a further period of two weeks thereafter.

2 CWP No. 6033 of 2022, decided on 30.03.2026 3 LPA. 418 of 2026, decided on 17.07.2026. 4 LPA No. 545/2025 decided on 25.04.2026

The instant petition to stand disposed of in above terms. Pending miscellaneous applications, if any, shall also stand disposed of.

Jyotsna Rewal Dua

Judge 02nd November, 2026 (rohit)

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