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Nish Devi Widow Of Late vs State Of H.P And Others

High Court Of Himachal Pradesh · Decided on 30 June 2022 · Citation: (2022) 06 SHI CK 0088

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 4235 Of 2022
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Judgment

9 paragraphs · 344 words

Sabina, J

1.

The petitioner has filed the instant petition under Article 226 of the Constitution of India, seeking following reliefs:-

“i) That this writ petition may kindly be allowed and the impugned communication dated 11.5.2020 contained in Annexure P-4 may kindly be quashed and set aside.

ii) That the respondent department may kindly be directed to release the family pension to the petitioner as per the service records.”

2.

Learned counsel for the petitioner has submitted that vide order dated 11.5.2022 (Annexure P-4), whereby the payment of family pension to the petitioner has been kept in abeyance has been passed without issuance of any show cause notice to the petitioner. The family pension had already been sanctioned in favour of the petitioner.

3.

The case of the petitioner is that her husband was serving as Fire Officer with the respondent department and had retired on 31.3.2015. Husband of the petitioner had died on 25.3.2019 and after his death, petitioner was entitled to receive family pension. Vide communication dated 10.10.2019, the Treasury Officer, Dharmshala communicated to respondent Commandant Home Guards that family pension has been sanctioned in favour of the petitioner. However, respondent No.5 has filed a civil suit alleging therein that she is legally wedded wife of the deceased.

4.

Admittedly, civil suit is pending wherein, it has been alleged by respondent No.5 that she is legally wedded wife of deceased Hans Raj. Admittedly, petitioner has been impleaded as party defendant No.6 in the civil suit. The said fact is evident from copy of the plaint, with regard to suit filed by respondent No. 5, placed on record as Annexure P-6.

5.

Since the matter is already pending before the Civil Court for adjudication with regard to the declaration as to who is the wife of deceased Hans Raj between the petitioner and respondent No.5, no ground for interference is made out while exercising jurisdiction under Article 226 of the Constitution of India. Hence the petition is dismissed.

6.

Accordingly, the instant writ petition is dismissed, so also pending miscellaneous application(s), if any.