LAWS(HPH)-2012-9-178

RAMESH CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On September 14, 2012
RAMESH CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) MR . Sanjay Jaswal, learned counsel for the petitioner submits that the present Lis is covered by the judgment rendered by this Court in CWP No. 16006 of 2008, titled Jamaldeen versus State of H.P. and others, decided on 4th July, 2011.

(2.) It is reiterated that the letter dated 1.4.2005 would apply prospectively and not retrospectively. In other words, case of the petitioner is required to be considered as per the norms prevalent at the time of death of father of the petitioner i.e. on 14.10.2000. The full Bench of Punjab & Haryana High Court in Krishna Kumari versus State of Haryana and others,, 2012(4) SLR 481 (Pb. & Hry) has held that the date of death of an employee is an important factor to be taken into consideration and the policy applicable on the date of death needs to be invoked to provide immediate relief. The Full Bench has held as under: