SMT. RATTANI DEVI, W/O LATE LHC HARI SINGH, R/O VILLAGE & P.O. LOHARLI, TEHSIL BARSAR, DISTT. HAMIRPUR, HIMACHAL PRADESH Vs. THE STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (HOME) TO THE GOVERNMENT OF H.P. SHIMLA AND OTHERS

JUDGEMENT

(1.) PETITIONER claims herself to be the first wife of deceased LHC Hari Singh. After the death of her husband, she was granted family pension. Later on i.e. after about 10 years, respondents No. 5 to 9 also staked claim being the legal heirs of deceased from his second wife Smt. Meera Devi. On the representation of the private - respondents, the fourth respondent vide letter dated 1st February, 2011 (Annexure P -8) ordered to pay 50% amount of compensation to the family and 50% amount of compensation to the private respondents and the amount of family pension paid to the petitioner was ordered to be recovered and paid to the eligible children w.e.f. 05.03.2000, which is under challenge.

(2.) ADMITTEDLY , respondent No. 5 has attained the age about 25 years and respondent No. 6 Ms. Bholi Devi stands married. Respondents No. 7 and 8 are the unmarried daughters aged less then 25 years and respondent No. 9 a minor son from the second wife.

(3.) THEREFORE , in view of the above, the respondents No. 4 is hereby directed to release 50% share of the amount of pension to the petitioner and another 50% to respondents No. 7 to 9 w.e.f. 01.01.2012, in equal shares payable in February 2012. The respondents shall intimate respondent No. 4 with respect to their bank accounts etc. within two weeks.