Writ petition filed for family pension. Court directed respondents to decide the petitioner's case afresh considering Balo Devi decision within six weeks without examining merits.
Direct respondents/competent authority to consider and decide petitioner's case afresh for family pension grant within six weeks.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1247/2023
Decided on: 04.09.2023 Chander Kanta .…Petitioner Versus State of H.P. & Ors. ……Respondents
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Abhyendra Gupta, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rajat Chauhan, law Officer, for respondents No. 1 to 4.
Mr. Chitranjan Sharma, Advocate, for respondent No.5.
Jyotsna Rewal Dua, J
The writ petition has been filed for the grant of following
substantive relief:-
“i. That respondents may be ordered to pay family pension to the petitioner w.e.f. 1.1.2018 in light of the facts and circumstances and legal position as narrated above, with all benefits incidental thereof.”
the case of the petitioner has not been considered in light of the decision rendered by the Hon’ble Apex Court in Civil Appeal No.4792
1 Whether reporters of the local papers may be allowed to see the judgment?
2
of 2022 (Balo Devi & others Versus State of Himachal Pradesh and
others), decided on 18.07.2022.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
04th September, 2023 (Rohit)
1 issue framed by the court
Whether the respondents/competent authority should consider the petitioner's case afresh for family pension in light of Sri Balo Devi judgment.
Colour shows how this judgement treated each authority
Balo Devi & others Versus State of Himachal Pradesh and othersDistinguished¶13
Civil Appeal No.4792 of 2022 (Balo Devi & others Versus State of Himachal Pradesh and others)
Chander Kanta
State of H.P.
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
