IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 778/2008 Decided on:26.4.2011 _____________________________________________ Manoj Sharma and another. …Petitioners. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Nemo. For the Respondents: Mr. Vikas Rathore, Dy. A.G. for respondents No. 1 to 3. Ms. Sharmila Patiyal, Advocate vice Mr. K.S. Rathore, Advocate for respondent No.4. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Present petition has been filed seeking the following reliefs: “Directing the respondents to release the family pension and pensionary benefits to the applicants such as Pension, GPF, GIS, Encashment of Leave, Gratuity, Commuted Pension, detained amount, Arrears of pay (if any) and other emoluments due to late Smt. Kiran Sharma with interest at the rate of 18% per annum from the due date till the date of actual payment”. 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 2. Petitioners lost their mother in harness on 4.12.1995 while she was serving as Senior Assistant in the office of respondent No.2. Case of the petitioner, in a nutshell, is that respondents have not released pensionary/retiral benefits. Initially, one Sh. Sewak Ram had claimed himself to be the husband of late Smt. Kiran Sharma. However, he could not substantiate the same. Thereafter, civil suit was filed by one Smt. Raj Rani claiming herself to be the legal heir of late Smt. Kiran Sharma. The civil suit was dismissed. Petitioner No.1 had attained the age of majority at the time of filing the present petition and petitioner No.2 has acquired the age of majority during the pendency of this petition. 3. Mr. Vikas Rathore, learned Deputy Advocate General, on the basis of the instructions imparted to him by an official, who was present on behalf of the respondent- State, submits that the case of the petitioners for the payment and release of pensionary/retiral benefits will be considered within a period of one month from today. However, he submits that the petitioners should also cooperate by supplying the necessary papers. 3 4. Accordingly, the petition is disposed of with the directions to respondents No.1 to 3 to process the case of the petitioners for release of pensionary/retiral benefits within a period of four weeks from today. Petitioners are directed to cooperate with the respondents. Thereafter the same shall be sent to respondent No.4 to do the needful after the receipt of the papers from respondents No. 1 to 3. No costs. (Justice Rajiv Sharma), Judge. 26.4.2011 *awasthi*