IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 10141 of 2024 th Decided on 18 December, 2024 Bimla Devi …Petitioner Versus State of Himachal Pradesh and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge

1 Whether approved for reporting?

For the petitioner: M/s B.L. Soni, Nitin Soni and Sunil Gautam, Advocates.

For the respondents: Mr. Rahul Thakur, Deputy Advocate General.

Ajay Mohan Goel, Judge (Oral By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:-

“The writ of mandamus may kindly be issued against the respondents to grant family pension to the petitioner from due date and release pension and other benefits in terms of OM dated 10.06.2024 (Annexure P-6).”

2. Respondents-State was called upon to have instructions in the matter. Learned Deputy Advocate General has produced on record office order dated 10.12.2024, which reads as under:-

“Whereas. Smt Bimla Devi, w/o Lt. Sh.

Chandi Prasad, JBT filed CWP No.10141 of 2024 in Hon’ble High Court of Himachal Pradesh for counting of contract service rendered by her husband in Department of Elementary Education w.e.f. 15.07.1997 to 31.12.2005. Thereby holding the aforesaid writ petitions squarely covered under judgment passed by the Hon'ble Apex Court in SLP(Civil) No.10399/2020 titled as State of Himachal Pradesh & another versus Sheela Devi and judgment dated 16.09.2023 Whereas, The Director of Elementary Education, Himachal Pradesh vide their letter No.EDN-H(Ele-IV)-(B)-2024-25-Couet Cases-SMR dated 29.11.2024 has directed to decide the case of the petitioner, if similar situated case to (i) SLP(Civil) No.10399/2020 titled as State of Himachal Pradesh and another versus Sheela Devi and others, as per the Govt. of Himachal Pradesh Finance No.EDN- H(Ele)B-6/99-2010-Vol-4-113(Fin) Dated-15-06-

2024.

Whereas, the deceased husband of petitioner named Sh. Chandi Prasad initially appointed on contractual basis against the post of JBT and joined on dated 15.07.1997. The service was regularized on 01.01.2006 on the same post of JBT. Further unfortunately he died on 21.08.2015 while in service. In addition to this, the petitioner approach this office for counting the contractual period services of her deceased husband for the purpose pensionary benefits under CCS (Pension) Rules, 1972 for the period he served on contract basis as JBT followed by their regularization Now, as the service record of the deceased husband of petitioner furnished by BEEO Sarahan reveals that he has served on contract basis from 15.07.1997 to 31.12.2005 without break in service followed by regularization on 01.01.2006. Therefore, the case of the petitioner is similar situated to SLP(Civil) No.10399/2020 titled as State of Himachal Pradesh & another Vs. Sheela Devi and others, as per the Govt. of Himachal Pradesh Finance (Pension) Department OM No.Fin(Pen)E(1)-1/2020 Dated-10-06-2024 and Directorate Endorsement No.EDN-H(EIe)B-6/99-

2010-Vol-4-113(Fin) Dated-15-06-2024.

The case of the petitioner is disposed off accordingly. These orders may be brought to the notice of all the concerned.

Dy. Director Elementary Education, District Sirmaur at Nahan.”

3. Perusal of the said order demonstrates that the Authority has now held that the case of the petitioner is squarely covered by the judgment of the Hon’ble Supreme Court in State of Himachal Pradesh and another versus Sheela Devi and others.

4. Accordingly, this writ petition is disposed of with the direction that the benefits in the light of the judgment in Sheela Devi case (supra) be conferred upon the petitioner within a period of six weeks from today. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel)

Judge December 18, 2024 (Vinod)