Himachal Pradesh High Court
Jiya Lal vs State Of H.P. & Ors on 1 September, 2023
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 4392/2022
Decided on: 01.09.2023
.
Jiya Lal ....Petitioner
Versus
State of H.P. & Ors. ......Respondents
.............................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner
For the respondents
r :
: toMr. Balwant Thakur, Advocate.
Mr. Anup Rattan, Advocate General
with Mr. Y.P.S.
Advocate General.
Additional
Jyotsna Rewal Dua, J
CMP(M) Nos.1091 & 1092/2023
This application, being CMP(M) No.1092/2023, has been
moved under order 22 Rules 3 and 9 read with Section 151 of the Code
of Civil Procedure for bringing on record the legal heirs of original writ
petitioner Sh. Jiya Lal. The application is with the averment that Sh.
Jiya Lal passed away on 27.02.2023. His death certificate has been
placed on record as Annexure A-1. Detail of legal heirs of Sh. Jiya Lal
has been reflected in paragraph 3 of the application. Legal heirs
certificate has also been placed on record as Annexure A-2. In fact
application itself has been moved by the legal heirs.
Whether reporters of the local papers may be allowed to see the judgment?
2. The applicants have cogently explained the delay in
moving the application under Order 22 Rules 3 and 9 CPC in CMP(M)
.
No.1092/2023.
3. For the aforesaid reasons and the pleadings made in the
applications, the same are allowed. Delay in moving the application for
bringing on record the legal heirs of deceased-applicant Sh. Jiya Lal is
condoned. Accordingly, CMP(M) No.1092/2023 is allowed and to stand
disposed of. For the same reason, CMP(M) No.1091/2023 is also
allowed. The legal heirs detailed in paragraph-3 of the application
[CMP(M) No.1091/2023] are ordered to be brought on record. They
shall now figure as petitioners No.1(a) to 1(c). The amended memo of
parties stands filed. Registry to carry out necessary corrections in the
cause title. This application to stand disposed of.
CWP No.4392/2022
With the consent of the learned counsel for the parties, the
matter is taken up for hearing.
2. Present writ petition was filed by Sh. Jiya Lal-predecessor
of present petitioners No.1(a) to 1(c) seeking a direction to the
respondents to consider his case for pension in light of the decisions
rendered in Civil Appeal No.6309 of 2017 (Sunder Singh Versus The
State of Himachal Pradesh & Ors.), decided on 8th March, 2018,
Civil Appeal No.4792 of 2022 (Balo Devi & others Versus State of
Himachal Pradesh and others), decided on 18.07.2022 and Baldev
Vs. State of Himachal Pradesh & Ors., Latest HLJ 2022 (HP) (1)151.
.
3. On 18.08.2023, the respondents placed on record a copy
of instructions memo dated 17.08.2023, which was noticed in the order
dated 18.08.2023 as under:-
"Learned Additional Advocate General has placed on record copy of
instructions memo dated 17.08.2023, which, inter-alia, state that "the
petitioner upon attaining the age of superannuation i.e. 58 years
stood retired from service on 31.12.2010. The petitioner by way of
filing the present writ petition has claimed Pension benefit. The claim
of petitioner has been examined and it has been found that the
petitioner has rendered about 9 years work charge + regular service
upto his retirement. The claim of petitioner appears to have been
covered under the verdict of Sunder Singh case. By giving the benefit
of said judgment, the petitioner succeeds to complete more than 10
years service and as such he qualifies the criteria of CCS Pension
Rules, 1972. But the petitioner died on 27.02.2023 and till date none
of the legal heirs have submitted the claim before respondents.
Though the deceased petitioner is entitled for pension benefits, but
due to unavailability of legal heir certificate, the same could not be
processed.
Petitioner had claimed pension in the instant case. In the instructions
memo, the respondents have though conveyed the eligibility of the
petitioner for pension under CCS (Pension) Rules, however, on
account of non-availability of his legal heirs, his pension case has not
been processed.
Learned counsel for the petitioner submits that an application is
being moved by petitioner's legal heirs for bringing themselves on
record of the case and to pursue the matter.
In view of the aforesaid, let this matter come up now on 01.09.2023."
In the above extracted instructions memo, the
respondents have already conveyed the eligibility of the original writ
petitioner-late Sh.Jiya Lal for pension under CCS (Pension) Rules. It
was only on account of non-availability of his legal heirs that his
pension case was not being processed
4. In view of substitution of original writ petitioner with that of
his legal heirs, there is no impediment now for processing the pension
.
case of late Sh. Jiya Lal and for granting due and admissible retiral
benefits in favor of his legal heirs. Accordingly, this writ petition is
allowed. Respondents are directed to process the matter of release of
retiral benefits of late Sh. Jiya Lal as undertaken by them in the
instructions memo dated 17.08.2023 and release due and admissible
benefits of pension and other retiral benefits, if any, in favour of his legal
heirs, in accordance with law. Petitioners No.1(a) to 1(c) are also
directed to render full assistance & to complete the necessary
formalities, if any, required by the respondents.
The writ petition is disposed of in above terms, so also the
pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
Judge
01st September, 2023 (Rohit)
