Himachal Pradesh High Court
Village Kotahan vs State Of H.P. And on 10 October, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 10th DAY OF OCTOBER, 2022.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE VIRENDER SINGH
CIVIL WRIT PETITION No.6379 of 2022.
Between:-
61
SMT. NIRMLA DEVI SHARMA AGED ABOUT
YEARS, WIFE OF LATE SHRI
HARBANS LAL SHARMA, RESIDENT OF
VILLAGE KOTAHAN, POST OFFICE
JAISINGHPUR, TEHSIL AND DISTRICT
KANGRA, H.P.
.....PETITIONER.
(BY SH. NARESH K. SHARMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(FOOD, CIVIL SUPPLIES & CONSUMER
AFFAIRS) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-171002.
2. SECRETARY (FINANCE) TO THE
GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
3. HIMACHAL PRADESH STATE CIVIL
SUPPLIES CORPORATION LTD., BLOCK
NO.16-17, S.D.A. COMMERCIAL
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2
COMPLEX, KASUMPTI, SHIMLA-171009,
THROUGH ITS MANAGING DIRECTOR.
.
4. THE AREA MANAGER, HIMACHAL
PRADESH STATE CIVIL SUPPLIES
CORPORATION LTD. DHARAMSHALA,
DISTRICT KANGRA, H.P.
......RESPONDENTS.
(SH.ASHOK SHARMA, ADVOCATE
GENERAL WITH SH. RAJINDER DOGRA,
SENIOR ADDITIONAL ADVOCATE
GENERAL, SH. SHIV PAL MANHANS,
ADDITIONAL ADVOCATE GENERAL,
SH. BHUPINDER THAKUR, DEPUTY
ADVOCATE GENERAL AND SH. RAJAT
CHAUHAN,
r LAW OFFICER, FOR
RESPONDENTS-1 AND 2)
(SH. MANDEEP CHANDEL, ADVOCATE,
FOR RESPONDENTS-3 AND 4)
________________________________________________________________
This petition coming on for admission before notice
this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed
the following:
ORDER
Notice. Mr. Rajinder Dogra, learned Senior
Additional Advocate General and Mr. Mandeep Chandel,
Advocate, appear and waive service of notice on behalf of
respondent Nos. 1, 2, 3 and 4, respectively.
2. The instant petition has been filed for grant of
the following substantive relief:-
"That writ of mandamus may kindly be issued,
directing the respondents to grant the family
pension as well as arrears from the due date i.e.
24.06.2002 to till date along with interest @ 9% per
.
annum, within a time bound period."
3. Learned counsel for the petitioner states
that the issue in question is no longer res integra in
view of the judgment rendered by one of us
(Justice Tarlok Singh Chauhan) in CWPOA No. 7398 of
2020, case titled Pikhroo Ram versus State of H.P. and
others, decided on 27.05.2022 (Annexure P-8). His
statement is taken on record.
4. Therefore, without going into the merits of the
case, we deem it appropriate to dispose of this petition by
directing the respondents to consider and decide the case
of the petitioner in accordance with the judgment rendered
in Pikhroo Ram's case (supra) and in case the judgment
has attained finality and further the case of the petitioner is
found to be covered by the said judgment, then same and
similar benefits be extended to the petitioner herein, as
were granted in Pikhroo Ram's case (supra). Ordered
accordingly. The entire exercise be completed within a
period of eight weeks.
5. Pending application, if any, also stands disposed
of.
.
6. For compliance, to come up on 12.12.2022.
r to (Tarlok Singh Chauhan)
Judge
(Virender Singh)
Judge
10th October, 2022.
(krt)
