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Himachal Pradesh High Court

Dharmi Devi vs State Of H.P. And Others on 4 September, 2023

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2059 of 2023 Decided on: 4th September, 2023

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    Dharmi Devi                                                       .....Petitioner




                                                                                     .
                                                  Versus





    State of H.P. and others                                      .....Respondents

------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting? 1 of For the Petitioner: Mr. Bonit Prakash, Advocate vice Mr. A.K. Gupta, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General rt with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General.

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Jyotsna Rewal Dua, Judge The writ petition has been filed for the grant of following substantive relief:-

"i. That the respondents may be ordered to pay family pension to the petitioner from the due date with all benefits incidental thereof."

2. Learned vice counsel appearing for the petitioner submitted that the case of the petitioner is squarely covered by the decision rendered by the Hon'ble Apex Court in Civil Appeal No.4792 of 2022 (Balo Devi & others Versus State of Himachal Pradesh and others), decided on 18.07.2022 and judgment dated 22.03.2023 passed by this Court in CWP No.6973 of 2022 (Dandu Ram Versus 1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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State of Himachal Pradesh and others). Learned vice counsel further submitted that the petitioner would be content in case a direction is issued to the respondents/ competent authority to consider and decide the case of the .

petitioner for redressal of her grievances raised in the writ petition in light of the aforesaid judgments within a fixed time schedule. Learned Deputy Advocate General is not averse to this prayer.

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3. Having regard to the afore-submissions, but without examining the merits of the matter, this writ rt petition is disposed of by directing the respondents/ competent authority to consider and decide the case of the petitioner for redressal of her grievances raised in the writ petition, in accordance with law and taking into consideration the above judgments in the cases of Balo Devi and Dandu Ram, supra, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.




                                               Jyotsna Rewal Dua
    September 04, 2023                               Judge
           Mukesh




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