Kaula Devi vs State Of H.P. And Others

L. Narayana Swamy, CJ

Prayer made by the petitioner in this writ petition is for a direction to the respondents to grant family pension from the due date. It is the further case of the petitioner that in similar circumstances, the Hon'ble Supreme Court in Civil Appeal No.6309 of 2017, titled Sunder Singh Versus The State of Himachal Pradesh & Ors. (Annexure P-I), granted the same relief to the similarly situated person. It is submitted that since the petitioner is also similarly situated, she be also granted the same and similar benefits as were granted in the aforesaid case.

Learned Additional Advocate General submits that in case of the petitioner is found similar to that of the appellant in Civil Appeal No.6309 of 2017, she be directed to approach the respondents by way of representation alongwith copy of the judgment in Sunder Singh's case, supra.

We have heard learned counsel for the parties and gone through the record.

The case of the petitioner is that she is entitled for family pension in view of the judgment rendered by the Hon'ble Supreme Court in Sunder Singh's case, supra. Under these circumstances, we feel it appropriate to dispose of the present writ petition with a direction to the petitioner to approach the respondents for grant of family pension by way of a representation annexing therewith a copy of the judgment rendered by the Hon'ble Apex Court in Civil Appeal No.6309 of 2017. In case the petitioner submits the representation within a week from today, the respondents shall consider the representation and pass appropriate orders within a period of further three weeks and in case the petitioner is entitled for family pension, the same shall be granted to her.

With these observations, the writ petition stands disposed of, so also the pending miscellaneous application(s), if any.