LAWS(HPH)-2011-12-273

NIRMALA DEVI Vs. STATE OF H.P.

Decided On December 08, 2011
NIRMALA DEVI Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) PETITIONER claims herself to be the widow of Shri Baldev Krishan Awasthi, forest Guard who submitted his resignation on 24.10.1995 which was accepted on 07.11.1985 by the D.F.O. vide Annexure P2. Thereafter, he died on 26.04.2007.

(2.) IN the year 2011, petitioner, by means of present petition, claimed family pension on the ground that the resignation of her husband was wrongly accepted and despite notice Annexure P4 dated 26.04.2010 to the respondents, it was not granted to her to which she was entitled. Thus, a writ of mandamus is prayed to be issued for granting her the family pension, with arrears gratuity and other retiral benefits to which her husband was entitled.

(3.) VIDE Annexure R4 a formal appointment letter was issued by the D.F.O. being the appointing Authority. The appointment was temporary up to 29.02.1980 but was likely to continue subject to the allotment of posts.