Mamta Devi vs State Of H.P And Others

Tarlok Singh Chauhan, J

Notice. Ms. Priyanka Chauhan, learned Deputy Advocate General appears and waives service of notice on behalf of respondents No. 1 and 2 and Mr. Viveka Nand, learned counsel on behalf of respondent No.3.

Petitioner’s late husband was engaged on daily wage basis as a Beldar in Municipal Council Nahan in the year 1994 and his services were regularized in August, 2007, however, on 03.06.2016, he had expired. At the time of death of late husband of petitioner, there was no provision to provide family pension and in New Pension Scheme, petitioner was denied the family pension. However, subsequently, vide Office Memorandum dated 22nd February, 2022, (Annexure P-1), Government of Himachal Pradesh, has been pleased to extend the additional relief on disability/death of Government servants covered under new Defined Contribution Pension System, as per Office Memorandum No.38/41/06/P&PW(A), dated 5th May, 2009, issued by the Government of India. Since, petitioner being wife of late Government Employee, has become entitled to family pension in terms of the aforesaid instructions, issued by the Government of Himachal Pradesh, she has approached this Court in the instant proceedings, seeking therein direction to the competent authority to sanction family pension from the due date, in terms of the aforesaid decision taken by the Government.

Having regard to nature of the order proposed to be passed in the instant case, this Court sees no necessity to call for reply on behalf of the respondents and as such, same is dispensed with.

Careful perusal of Office Memorandum dated 22nd February, 2022 (Annexure P-1), clearly reveals that the State Government has decided to extend benefit of additional relief on disability/death of Government servant in terms of New Defined Contribution Pension System, introduced by the Government of India, vide Office Memorandum No.38/41/06/P&PW(A), dated 5th May, 2009, wherein, there is provision to provide family pension (including enhanced family pension) computed in terms of Rule 54 of the Central Civil Services (Pension) Rules, 1972, if death in service is not attributable to the Government duty. As per the aforesaid communication on disability/death of Subscriber, the benefit of the additional relief, i.e. Invalid Pension/Family Pension shall be payable to the Government employee/eligible member of family in accordance with provisions contained in the CCS (Pension) Rules, 1972.

Learned counsel representing the petitioner, on instructions states that petitioner would be content and satisfied, in case necessary directions are issued to the competent authority to consider and decide her case in light of the aforesaid Office Memorandum dated 22nd February, 2022, expeditiously in a time bound manner.

Consequently, in view of the above, the present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner for family pension, in terms of Office Memorandum dated 22nd February, 2022 (Annexure P-1), expeditiously and in any event within a period of four weeks. In case, petitioner is found entitled to relief, as prayed, in the instant petition in terms of the aforesaid Office Memorandum, the same shall be released forthwith. Liberty, however, is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law, if she still remains aggrieved.

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