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Vimla Devi vs State Of H.P. And Others

High Court Of Himachal Pradesh · Decided on 24 August 2023 · Citation: (2023) 08 SHI CK 0132

HON’BLE JUDGES
Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5727 Of 2023
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Judgment

8 paragraphs · 334 words

Jyotsna Rewal Dua, J

1.

Notice. Mr. Rupinder Singh Thakur, learned Additional Advocate General and Mr. Rangil Singh, learned Standing Counsel, appear and waive service of notice on behalf of respondents No.1 to 5 and respondent No.6, respectively.

2.

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

“(i) That the directions may kindly be issued to the respondents to pay the family pension to the petitioner from the due date after taking into consideration the judgment passed in Civil Appeal No.4792/2022 titled as Balo Devi Versus State of H.P. Annexure P-1 and the case status of review petition Annexure P-4.

(ii) That the respondents may kindly be directed to pay the arrear of family pension to the petitioner with interest @ 12% per annum.”

3.

Learned counsel for the petitioner submitted that the case of the petitioner is squarely covered by the decision rendered by the Hon’ble Apex Court in Civil Appeal No.4792 of 2022 (Balo Devi & others Versus State of Himachal Pradesh and others) 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 judgment within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

4.

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 judgment in the case of Balo Devi, supra, 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.