Attri Devi vs State of Himachal Pradesh

Rajiv Sharma, J.—Petitioner''s husband joined as Panchayat Secretary under Panchayat Samiti in Development Block Dharampur, District Mandi, Himachal Pradesh. He retired on 28.2.1984.

Case of the petitioner in a nutshell is that her late husband was not granted pension and other retiral benefits. Petitioner has earlier approached this Court by filing CWP No. 8474/2013, which was disposed of on 7.11.2013. Petitioner was granted opportunity of hearing on 23.12.2013. Representation of the petitioner has been rejected on the same day i.e. 23.12.2013.

Mr. Surinder Saklani, Advocate has vehemently argued that petitioner''s case is covered by a judgment rendered by this Court on 31.7.2008 in CWP No. 1802/2002 titled State of Himachal Pradesh and others vs. Basheshar Lal. However, fact of the matter is that respondent-State has decided to takeover services of the Panchayat Secretaries who were working under Panchayat Samitis with effect from 1.6.1984 in the Panchayati Raj Department. Petitioner''s husband had superannuated on 28.2.1984. His services could not be taken-over as he had superannuated on 28.2.1984. As far as Bisheshar Lal''s case is concerned, he was absorbed in the Department on 1.6.1984. He has served for more than 7 years and retired on 31.10.1991 as a Government employee. Petitioner''s husband has not worked under the State Government even for a day.

In view of this, he was not entitled to any pension or other retiral benefits. Decision dated 23.12.2013/8.1.2014 is in conformity with law. The competent authority has considered all the pleas raised by the petitioner.

Accordingly, there is no merit in the petition and the same is dismissed. Pending applications, if any, are also disposed of.