Himachal Pradesh High Court
Rukmani vs State Of Himachal Pradesh And Another on 20 December, 2018
Bench: Surya Kant, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2997 of 2018 .
Decided on: 20.12.2018
Rukmani ...Petitioner
Versus
State of Himachal Pradesh and another ...Respondents
Coram
The Hon'ble Mr. Justice Surya Kant, Chief Justice.
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 For the petitioner: Mr. Sarvedaman Rathore, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Additional Advocate General, for respondent No. 1. Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No. 2.
Surya Kant, Chief Justice. (Oral) The petitioner is stated to be widow of late Shri Rangi Lal Sharma who served Forest and Wild Life 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 21/12/2018 22:56:30 :::HCHP 2Department. It appears that late Shri Rangi Lal Sharma had two wives and he died on 10 th October, 2017 leaving .
behind two wives and seven children as his legal heirs. It further appears that the first wife of late Shri Rangi Lal Sharma, namely, Smt. Ganga Devi, has also passed away.
Earlier, Smt. Ganga Devi was granted the Family Pension on the premise that she was the first wife of the deceased and lawfully entitled to the same. After the death of Smt. Ganga Devi, the petitioner has sought the benefit of Family Pension and other terminal benefits on the premise that she also being a lawfully wedded wife of the deceased, is entitled to such benefit. As no decision has been taken on her application, the instant writ petition has been filed.
2. Ordinarily, we would have relegated the petitioner to approach the Himachal Pradesh Administrative Tribunal but owing to the fact that the petitioner is 80 years old woman, we entertain the instant writ petition and direct the first respondent to consider the petitioner's applicationcumclaim as contained in ::: Downloaded on - 21/12/2018 22:56:30 :::HCHP 3 representation dated 1st December, 2018 (Annexure P7) and take an appropriate decision within a period of one month.
.
If the claim of the petitioner is not fully satisfied, she may approach the Himachal Pradesh Administrative Tribunal.
3. The writ petition is disposed of in above terms.
Pending miscellaneous applications, if any, also stand disposed of.
Copy dasti.
r to
(Surya Kant)
Chief Justice
(Ajay Mohan Goel)
Judge
December 20, 2018
( rajni )
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