UMA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner is the first wife of deceased Ramesh Kumar Sharma, a retiree of the respondent -Department, getting pension. He died on 29.7.2007. One Sushma Sharma also laid a claim to be the widow of deceased Ramesh Kumar Sharma. Thus the family pension case got stuck -up.

(2.) MASTER Deepanshu Sharma, the son of the second wife Smt. Sushma Sharma filed OA before the erstwhile Tribunal which on its abolition was transferred to this Court and registered as CWP (T) No.1678 of 2008. Vide order dated 16.3.2010, the learned Single Judge directed Deepanshu Sharma, petitioner to supply the copy of the legal heir certificate dated 19.5.2009 to the respondents within a period of two weeks and the respondents were directed to consider his case for the release of the family pension within a period of ten days. The petitioner herein was not made a party in that petition, as such, she filed Civil Review No.50 of 2010, which came to be decided on 15.9.2010 and vide its clarificatory order/judgment petitioner Uma Devi was permitted to make a representation to the competent authority to substantiate her independent claim for retiral/pensionary benefits within three weeks and the respondents were directed to take a decision in the matter within three months from the date of production of the certified copy of the said judgment.

(3.) VIDE Annexure P6 respondent -Department while taking note of above facts took the final decision and recommended the case of both, i.e., petitioner Uma Devi and Master Deepanshu Sharma (minor) to third respondent, holding them entitled for the retiral benefits of late Shri Ramesh Kumar Sharma and issuance of revised order of pension and retiral benefits in their favour.