HIMACHAL PRADESH VIDHAN SABHA Vs. VIDYA DEVI

JUDGEMENT

(1.) This appeal has been preferred by appellant Himachal Pradesh Vidhan Sabha against judgment dtd. 11/1/2023 passed by learned Single Judge in Civil Review Petition No. 321 of 2022 titled Himachal Pradesh Vidhan Sabha vs. Vidya Devi Kaith and others as well as impugned judgment dtd. 17/10/2022 passed by learned Single Judge in CWP No. 771 of 2018 titled Vidya Devi Kaith vs. State of HP and others whereby claim of petitioner for receiving family pension after death of her mother, who was receiving the family pension after death of her husband late Joban Dass, retired from the Himachal Praesh Vidhan Sabha has been accepted and petitioner has been held entitled for family pension from the date of Office Memorandum dtd. 14/10/2009 with direction to appellants to release the family pension to petitioner/respondent from the month of December, 2022 prospectively and to pay arrears of family pension within a period of three months from passing of judgment dtd. 17/10/2022 and on failure of payment of arrears within three months, simple interest at the rate of 6% per month shall also be payable to petitioner.

(2.) For convenience, parties to lis are being referred as per their status in Civil Writ Petition.

(3.) Joban Dass, father of petitioner, was getting pension after his retirement from the Himachal Pradesh Vidhan Sabha as Daftari. After his death in 1980, mother of petitioner received the family pension till her death on 9/7/2001. Thereafter, family pension was not paid to any member of family of Joban Dass.