Disposed

Dharmi Devi v. State of Hp and Others

Himachal Pradesh HC4 Sept 2023CWP/2059/2023

Case brief

AI extract

What is this about?

In this civil writ petition, the petitioner sought a family pension. The High Court, without examining the merits, directed the respondent authorities to consider and decide the matter in light of the cited Supreme Court and high court precedents within six weeks.

What did the court decide?

Direction to respondents to consider and decide the petitioner's case for family pension within six weeks.

Dharmi Devi Vs State of Hp and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.2059 of 2023 Decided on: 4^th September, 2023 ------------------------------------------------------------------------------------- Dharmi Devi …..Petitioner Versus State of H.P. and others .....Respondents -------------------------------------------------------------------------------------

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Mr. Bonit Prakash, Advocate vice Mr. A.K. Gupta, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General.

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------------------------------------------------------------------------------------

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Jyotsna Rewal Dua, Judge

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The writ petition has been filed for the grant of

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following substantive relief:-

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“i. That the respondents may be ordered to pay family pension to the petitioner from the due date with all benefits incidental thereof.”

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2. Learned vice counsel appearing 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) , decided on 18.07.2022 and judgment dated 22.03.2023 passed by this

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Court in CWP No.6973 of 2022 (Dandu Ram Versus

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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State of Himachal Pradesh and others) . Learned vice 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 judgments within a fixed time schedule. Learned Deputy Advocate General is not averse to this prayer.

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3. 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 judgments in the cases of Balo Devi and Dandu Ram , supra , within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.

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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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Jyotsna Rewal Dua Judge

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September 04, 2023 Mukesh

Dharmi Devi v. State of Hp and Others

Case brief

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Dharmi Devi v. State of Hp and Others

Case brief

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