Disposed

Kamla Devi v. State of Hp and Others

Himachal Pradesh HC16 Aug 2023CWP/5379/2023

Case brief

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What is this about?

In a writ petition, the High Court of Himachal Pradesh directed the State to consider granting work charge status and pension benefits to the petitioner's deceased husband based on a prior judgment, without examining merits.

What did the court decide?

Direction to respondents to consider the case of the late husband for work charge status and benefits in light of a prior judgment and pass orders within 8 weeks.

Kamla 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 AT SHIMLA

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CWP No.5379 of 2023 Decided on: 16^th August, 2023 _________________________________________________________________ Kamla Devi ....Petitioner Versus State of H.P. & Ors. …Respondents ________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vijay Thakur, Advocate vice Mr. A. K. Gupta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Y. P. S. Dhaulta, Additional Advocate General, Ms. Seema Sharma, Deputy Advocates General. and Mr. Rajat Chauhan, Law Officer.

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Jyotsna Rewal Dua, Judge

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Notice. Ms. Seema Sharma, learned Deputy

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Advocate General, appears and waives service of notice on behalf of the respondents.

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2. Heard.

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3. The petitioner has filed the present petition for the

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grant of following relief: -

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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“(i) That the respondents may be ordered to grant work charge status to the late husband of the petitioner from the due date i.e. on completion of 8 years service with all benefits incidental thereof, and other monetary benefits such as pension and gratuity etc. may also be ordered to be paid to the petitioner since she is nominee of her late husband.”

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4. Learned counsel for the petitioner submitted that the relief prayed for by the petitioner is covered by the decision dated 12.01.2023, rendered in LPA No.165 of 2021 (State of H.P. & others Vs. Surajmani & another and the connected matters). Learned counsel for the petitioner states that the petitioner would be content if the case of the late husband of the petitioner is considered by the respondents in light of the aforesaid judgment. Learned Deputy Advocate General has no objection to this prayer.

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5. Having regard to above submissions and without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the late husband of the petitioner in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy

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of this order. The decision so arrived at, shall also be

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communicated to the petitioner.

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Pending miscellaneous application(s), if any, also

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to stand disposed of.

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Jyotsna Rewal Dua Judge

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August 16, 2023 R.Atal

Kamla Devi v. State of Hp and Others

Case brief

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Kamla Devi v. State of Hp and Others

Case brief

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