Himachal Pradesh High Court
Mamta Devi vs State Of H.P And Others on 27 April, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 2318 of 2023 .
Decided on: 27th April, 2023
Mamta Devi ......petitioner
Versus
State of H.P and others. ...Respondents
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner: Mr. A.K. Gupta, Advocate.
For the respondents: Mr. Anup Rattan, A.G with Mr. Ramakant Sharma, Addl. A.G and Ms. Priyanka Chauhan, Dy. A.G. for respondents No. 1 and 2.
Mr. Viveka Nand, Advocate for respondent No.3.
Tarlok Singh Chauhan, ACJ. (Oral) Notice. Ms. Priyanka Chauhan, learned Deputy Advocate General appears and waives service of notice on behalf of respondents No. 1 and 2 and Mr. Viveka Nand, learned counsel on behalf of respondent No.3.
2. Petitioner's late husband was engaged on daily wage basis as a Beldar in Municipal Council Nahan in the year 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 28/04/2023 20:36:21 :::CIS 21994 and his services were regularized in August, 2007, .
however, on 03.06.2016, he had expired. At the time of death of late husband of petitioner, there was no provision to provide family pension and in New Pension Scheme, petitioner was denied the family pension. However, subsequently, vide Office Memorandum dated 22nd February, 2022, (Annexure P-1), Government of Himachal Pradesh, has been pleased to extend the additional relief on disability/death of Government servants covered under new Defined Contribution Pension System, as per Office Memorandum No.38/41/06/P&PW(A), dated 5th May, 2009, issued by the Government of India. Since, petitioner being wife of late Government Employee, has become entitled to family pension in terms of the aforesaid instructions, issued by the Government of Himachal Pradesh, she has approached this Court in the instant proceedings, seeking therein direction to the competent authority to sanction family pension from the due date, in terms of the aforesaid decision taken by the Government.
3. Having regard to nature of the order proposed to be passed in the instant case, this Court sees no necessity to ::: Downloaded on - 28/04/2023 20:36:21 :::CIS 3 call for reply on behalf of the respondents and as such, same is .
dispensed with.
4. Careful perusal of Office Memorandum dated 22nd February, 2022 (Annexure P-1), clearly reveals that the State Government has decided to extend benefit of additional relief on disability/death of Government servant in terms of New Defined Contribution Pension System, introduced by the Government of India, vide Office Memorandum No.38/41/06/P&PW(A), dated 5th May, 2009, wherein, there is provision to provide family pension (including enhanced family pension) computed in terms of Rule 54 of the Central Civil Services (Pension) Rules, 1972, if death in service is not attributable to the Government duty. As per the aforesaid communication on disability/death of Subscriber, the benefit of the additional relief, i.e. Invalid Pension/Family Pension shall be payable to the Government employee/eligible member of family in accordance with provisions contained in the CCS (Pension) Rules, 1972.
5. Learned counsel representing the petitioner, on instructions states that petitioner would be content and satisfied, in case necessary directions are issued to the ::: Downloaded on - 28/04/2023 20:36:21 :::CIS 4 competent authority to consider and decide her case in light .
of the aforesaid Office Memorandum dated 22nd February, 2022, expeditiously in a time bound manner.
6. Consequently, in view of the above, the present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner for family pension, in terms of Office Memorandum dated 22nd February, 2022 (Annexure P-1), expeditiously and in any event within a period of four weeks. In case, petitioner is found entitled to relief, as prayed, in the instant petition in terms of the aforesaid Office Memorandum, the same shall be released forthwith.
Liberty, however, is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law, if she still remains aggrieved.
7. Pending miscellaneous application(s), if any, also to stand disposed of.
( Tarlok Singh Chauhan )
Acting Chief Justice
April 27, 2023 ( Virender Singh )
(naveen) Judge
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