IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6848 of 2010. Date of Decision: 18th July, 2011. _______________________________________________________ Bhago Devi ….Petitioner. Versus State of H.P. and others .…Respondents. Coram Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 For the petitioner: None. For the respondents: Mr. A.K. Bansal, Additional Advocate General. _________________________________________________________ Surinder Singh, J. (Oral). By means of present petition, the petitioner sought the following reliefs: “(i) That writ in the nature of mandamus may kindly be issued, directing the respondent department to release the retiral befits, i.e., G.P.F.. etc. of late husband of the petitioner, to the petitioner alongwith interest in view of the fact that petitioner’s husband expired on 3.6.2010 and he has served respondent department as Pump Operator for 11 years as daily wagers and for 12 years as work charged Pump Operator and retired on 28.02.2008 from the respondent department and till retirement, there was no departmental enquiry or penalty imposed upon the husband of the petitioner. 1 Whether the reporters of Local Papers may be allowed to see the judgment? - 2 - (ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to release the family pension from 28.02.2008 to the petitioner on account of the service rendered by her husband alongwith interest in view of the fact that husband of the petitioner expired on 3.6.2010 and till date, there is no order of imposing any penalty against the husband of the petitioner in lieu of the complaint regard his date of birth.” 2. No one appeared for the petitioner despite notice. However, the respondents in the reply submitted that the petitioner’s husband Shri Hari Singh, was working as Pump Operator in the IPH Sub Division, Dharampur with effect from 1.1.1996. He was charge-sheeted under Rule 14 of the CCS Pension Rules, 1965 on account of false date of birth, as per Office Order of the Superintending Engineer, IPH Circle, Sundernagar No.31924 dated 2.2.2008, but during the enquiry he retired on 29.2.2008 on attaining the age of superannuation on the basis of his date of birth, as entered in the service-book, i.e., 16.2.1950, with a condition that the retiral benefits except G.P.F. will be released after the outcome of the disciplinary proceedings, but before imposing the penalty the petitioner’s husband died on 3.5.2010. Thus, the disciplinary proceedings on account of his death were closed - 3 - and the consequential retiral benefits, viz. D.C.R.G. amounting to `70,626/- as per Annexure R-II dated 7.6.2011, leave encashment amounting to `1,04,370/-, as per Annexure R-III dated 7.6.2011, were ordered to be released to the legal heirs of deceased Hari Singh and the pension amounting to `5,255/- per month was also sanctioned vide letter dated 31.5.2011 (Annexure R-IV) and G.P.F. amounting to `1,06,481/- was also ordered to be released vide order dated 7.5.2008 (Annexure R-V). If the amount has not been released to the legal heirs of the deceased, it be released forthwith. 3. The matter with respect to the family pension shall be decided and paid by the respondents within a period of two months, if the same is still pending. 4. The matter stands disposed of. If there remains any further grouse, the petitioner may approach this Court by filing separate petition. July 19, 2011. (Surinder Singh), (rc) Judge.