IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 12577 of 2008. Date of decision: 17.06.2011. _______________________________________________________ Smt. Kashi Devi. ….. Petitioner. Versus The State of H.P. & Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. R.S.Gautam, Advocate. For the Respondents : Ms. Ruma Kaushik, Additional No.1 and 2. Advocate General with Mr. J.S.Rana, Assistant Advocate General. For the Respondent : Mr. Sandeep Sharma, Assistant No.3. Solicitor General of India. Kuldip Singh, Judge (Oral) The petitioner has prayed for grant of pension in favour of her deceased-husband Kali Dass from 01.01.1965 to 10th September, 1986 and thereafter family pension to the petitioner along with interest at the rate of 12% per annum. 2. The case of the petitioner is that her husband was employed as Peon during the princely State of Mandi in the year 1947 and after the merger of the princely State of Mandi with the Union of India, his services were transferred to the Office of Deputy Commissioner, Mandi, in the year 1950. The service record of her husband was also transferred to the Office of Deputy Commissioner, Mandi. The husband of the petitioner fell ill on 24.11.1964. He Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 remained in the hospital till 3rd December 1964. Thereafter, he could not join his duties and sought his retirement on medical grounds. The petitioner has not made clear when her husband had retired. 2. The respondents 1 and 2 have filed the reply and have taken the stand that Kali Dass was appointed in the Office of Deputy Commissioner, Mandi, against the leave vacancy of one Budhu Ram vide memo dated 18.06.1962. As per record available with the respondents, Kali Dass served the Office of Deputy Commissioner, Mandi, from 23.06.1962 to 24.05.1964. It has been stated that no other record is available with the respondents to show that Kali Dass retired from the service and how much service he had rendered in the Office of Deputy Commissioner, Mandi. This stand of the respondents has not been seriously disputed by the petitioner. In these circumstances, it was for the petitioner to place some minimum material on record to show that her husband served the Office of Deputy Commissioner, Mandi , from which period to which period. 3. The learned counsel for the petitioner has submitted that petitioner has placed on record affidavits dated 20th June, 2003 of Shri D.N. Gautam and Shri Bhikham Ram. Shri D.N. Gautam has stated that he was appointed as a Clerk in the D.C. Office, Mandi with effect from 19.09.1955. He has also stated that during his tenure Kali Dass had been serving in the Office of Deputy Commissioner, Mandi, as Peon and before that he was serving in the State of Mandi since 1947. He has stated that Kali Dass had served up to 1964. Shri Bhikham Ram has stated that Kali Dass had served as Peon in the Office of Deputy Commissioner, Mandi, since 1950 with him. Both the 3 affidavits are in conflict with the stand of the respondents, they have specifically stated that Kali Dass was appointed against leave vacancy on 18.06.1962. In these circumstances, the affidavits of Shri D.N.Gautam and Shri Bhikham Ram cannot be relied. The learned counsel for the petitioner has also relied Annexure PI summons allegedly served by Kali Dass on 07.04.1958. Annexure PI has been issued from the Court of Tehsildar, Chachoit. There is nothing on record to connect the summons Annexure PI with the service of Kali Dass in the Office of Deputy Commissioner, Mandi. 4. The petitioner has miserably failed to prove that Kali Dass had served the establishment of Deputy Commissioner, Mandi for the period so as to entitle him for the pension and after him family pension to petitioner. In the petition, the pension has been claimed with effect from 01.01.1965 and the petition has been filed on 06.01.2005 which is highly belated and stale. There is no merit in the petition which is accordingly dismissed. June 17, 2011. (Kuldip Singh), ( krt) Judge.