Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Beenu Devi alias Ginno Devi – Appellant
Versus
State of H.P – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
This writ petition has been filed for grant of following substantive relief :-
“(i) That the respondents may kindly be directed to grant family pension to petitioner from due date alongwith interest and arrears from the date of reckoning of the same after quashing the order dated 18.09.2021 and order dated 04.11.2004 attached with Annexure P-3.”
2. The Case
Following facts are not in dispute:-
2(i) The petitioner is wife of Sh. Bhikham Ram. Shri Bhikham Ram was engaged as daily wage Beldar in the respondent- Public Works Department in the year 1983-84. His services were regularized on 18.05.1995. The petitioner’s husband accepted his regularization order and joined his services as regular employee accordingly.
2(ii) While petitioner’s husband Sh. Bhikham Ram was in service, the respondents received complaint against him about his having furnished false ‘date of birth’ certificate at the time of regularization of his services. It is the stand of the respondents that after adopting all codal formalities, inquiry into this complaint was conducted. During inquiry, it came out that Bhikham Ram’s date of birth was recorded in the school register as 24.03.1941 bu
A claim for family pension can be denied if the termination of employment was based on false documents and the challenge to that termination is barred by delay and acquiescence.
Claims for service regularization must be timely; significant delays can render them inadmissible due to laches.
Delay and laches bar service claims, particularly where acquiescence and potential impact on third-party rights are involved.
Belated service claims for pay increments rejected due to unexplained delay, laches and acquiescence; prolonged inaction implies consent, barring relief to uphold administrative finality.
Belated post-retirement claim to switch from CPF to GPF pension rejected due to unexplained delay, laches, acquiescence by non-response to 2008 opportunity, and factual distinction from precedents on....
Belated overtime claim by retired conductor, raised eight years post-superannuation, rejected due to unexplained delay, laches, and acquiescence, barring equitable relief in service matters.
The court held that claims for service regularization can be barred by delay and laches, and prior service cannot be counted if the employee was illegally terminated and did not meet the required wor....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
