IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 8353 of 2008. Decided on: 11.7.2011. ___________________________________________________________ Smt. Leela Devi …Petitioner. Versus The Commissioner-cum-Secretary (PWD) and others. …Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. B.N. Mehta, Advocate. For the respondents : Mr. Anil Jaswal, Dy. A.G. for respondents No. 1 to 3. Mr. Lokinder Thakur, Advocate for respondent No.4. ___________________________________________________________ Justice V.K. Sharma, Judge (Oral). The petition has been filed on the following prayer vide para No. 7 (a):- “7 (a). That the respondents may be directed to pay family pension to the applicant, continue in future and also release arrears on account of non-payment of family pension w.e.f. the date of death of her husband w.e.f. 15.7.1965 along with interest as applicable in such like cases till final payment.” 2. On 24.8.2010, the following order was passed in this matter by this Court:- “Mr. B.N. Mehta, learned counsel for the petitioner has based the petitioner’s claim under the provisions of Rule 10 (2) of the C.C.S. (Temporary Service) Rules, 1965 which came into force on 1.5.1965. The husband of the petitioner died on 14.7.1965. Apparently this aspect of the matter has not been considered by the respondents-authorities. As such, 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 respondents are directed to consider the petitioner’s case afresh and file their affidavit within a period of four weeks from today.” 3. In compliance of the above direction issued vide order dated 24.8.2010, an affidavit dated 23.3.2011 of the Superintending Engineer, 4th Circle, HP PWD, Shimla has been filed on behalf of respondents No. 1 to 3, para 4 whereof reads as under:- “That after scrutiny of family pension case the Sr.D.A.G. conveyed its approval/sanction of family pension and gratuity to Smt. Leela Devi-Applicant and also to Deptt. A photo copy of which is annexed as Annexures P-1 and P-2 for the kind perusal of this Hon’ble Court in compliance of the directions dated 24.8.2010.” 4. In view of the above, it is manifest that the claim of the petitioner has since been granted by sanction of family pension in her favour. It being so, now nothing survives for adjudication in the present petition which is disposed of accordingly. 5. The petition stands disposed of in the above terms, so also pending application(s), if any. (V.K. Sharma) Judge. July 11, 2011. (cr)