CWP/9713/2026 on 3 November 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 9713 of 2026

Decided on: 03.11.2026 ------------------------------------------------------------------------------------- Lajya Devi

…..Petitioner

Versus HPSEBL and Anr

.....Respondents -------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vijay Bir Singh, Advocate.

For the Respondents: Mr. Virender Singh Kanwar, Advocate for respondent No.1.

Mr. Aman Thakur, Advocate, for respondents No. 2 and 3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

CMP No. 28802 of 2026

Learned counsel for the petitioner/non- applicant has no objection to this application moved by respondent No. 2 seeking deletion of its name from the array of parties. Accordingly, prayer is accepted. Name of respondent No. 2 is ordered to be deleted from the array of parties. Application is allowed and to stand disposed of.

1Whether reporters of print and electronic media may be allowed to see the order? Yes.

Registry to carry out necessary corrections in the cause list. Amended memo of parties be filed within two weeks.

CWP No. 9713 of 2026

Even though respondents have not filed reply, however, with consent of learned counsel for the parties, matter is heard at this stage.

2. Learned counsel for petitioner submits that respondent-HPSEBL has not found favour with petitioner's claim of family pension on the ground that she being second wife of late Shri Prithi Chand is not entitled for family pension under Central Civil Services (Pension) Rules,

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

4. Keeping in view above decisions and notwithstanding impugned rejection dated 12.01.2026 (Annexure P/5), it is deemed appropriate to dispose of this writ petition with a direction to the respondents more 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

particularly, respondent No.3 to consider the case of the petitioner for grant of family pension afresh, 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.

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

Pending miscellaneous application(s), if any, also to stand disposed of.

Jyotsna Rewal Dua November 3, 2026

Judge R.Atal