Kamla Devi vs Chaudhary Sarwan Kumar
2024 Latest Caselaw 5096 HP

Himachal Pradesh High Court

Kamla Devi vs Chaudhary Sarwan Kumar on 6 May, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     CWP No.3593 of 2024
                                                     Decided on: 06.05.2024




                                                                          .

    Kamla Devi                                                         ... Petitioner
                      Versus
    Chaudhary Sarwan Kumar





    Himachal Pradesh Krishi
    Vishvavidyalaya, Palampur & another                                ... Respondents

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1 Yes
    _____________________________________________________
    For the petitioner      :     Mr. Arun Raj, Advocate.
    For the respondents             :        Mr. Prince Chauhan, Advocate.


    Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has, inter alia,

prayed for the following relief:-

"a) That the respondents may be directed to allow the petitioner to get the family pension of her deceased

husband after switching over from "CPF-cum-Gratuity

Scheme" to "GPF-cum-Pension-cum- Gratuity Scheme" and allot her the GPF Account Number on the basis of

judgment dated 17.04.2023 in LPA No.46/23 vide Annexure P-5 and respondents may kindly be ordered to consider the case of the petitioner within a time bound period manner with all consequential benefits."

2. Having heard learned counsel for the petitioner, this

Court is of the considered view that the present Writ petition is not

Whether reporters of the local papers may be allowed to see the judgment?

maintainable.

3. The petitioner happens to be the widow of late Shri

.

Dhani Ram. Late Shri Dhani Ram was an employee of the

respondent-University. He superannuated in the year 2006 from the

post of beldar. He died in the year 2022. During his life time, Shri

Dhani Ram never raised the issue of switching over from CPF-cum-

Gratuity Scheme to GPF-pension-cum-Gratuity Scheme. That being

the case, after the death of Shri Dhani Ram, the widow of Shri

Dhani Ram is entitled for the family pension which flows from

whatever scheme had been consented to by late husband of the

petitioner for the purpose of receiving pension.

4. This Court is of the considered view that the issue of

switching from one Pension Scheme to another Pension Scheme was

a matter personal to late husband of the petitioner and the petitioner

cannot be permitted to enter into his foot steps for praying this kind

of a relief.

5. This Court is not oblivious to the fact that the petitioner

happens to be the widow of late employee of the respondent-

University, but fact of the matter remains that her only right after

the demise of her husband is to receive family pension and it is not

her case that family pension is not being paid to her in terms of the

pensionary scheme etc., on the basis of which the deceased husband

of the petitioner was granted post retiral benefits.

6. Therefore, as this Court is of the considered view that

.

the present petition is not maintainable, the same is dismissed, so

also the pending miscellaneous applications, if any.

(Ajay Mohan Goel) Judge May 06, 2024

(Rishi)