Bharevati vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Notice. Mr. R.S. Verma, learned Additional Advocate General and Mr. Chitranjan Kumar Sharma, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 4 and respondent No.5, respectively.

The writ petition has been filed for the grant of following substantive relief:-

“i. That the respondents may be ordered to grant family pension to the petitioner from the due date with all benefits incidental thereof.”

Learned counsel for the petitioner submitted that the case of the petitioner is squarely covered by the judgment passed by this Court in Baldev Vs. State of Himachal Pradesh & Ors., Latest HLJ 2022 (HP) (1)151 and the decisions rendered by the Hon’ble Apex Court in Civil Appeal No.6309 of 2017 (Sunder Singh Versus The State of Himachal Pradesh & Ors.) , decided on 8th March, 2018 and Civil Appeal No.4792 of 2022 (Balo Devi & others Versus State of Himachal Pradesh and others), decided on 18.07.2022. Learned counsel further submitted that the petitioner would be content in case a direction is issued to the respondents/competent authority to consider and decide the case of the petitioner for redressal of her grievances raised in the writ petition in light of the aforesaid judgments within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents/ competent authority to consider and decide the case of the petitioner for redressal of her grievances raised in the writ petition, in accordance with law and taking into consideration the above judgments within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.