IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 70 of 2011 Date of decision: 25.5.2011 Ajay Kumar and another ….Petitioners. Versus H.P.Ex.Servicemen Corporation and others ….Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Tarlok Chauhan, Advocate. For the respondent No.1.: Mr. K.D.Sood, Advocate. For the respondents No. 2 and 3: Mr. Bhuvnesh Sharma, Advocate. _________________________________________________ Deepak Gupta, J. (Oral) 1. While disposing of CWP No. 2402 of 2008 a Division Bench of this Court had passed a number of directions. The directions relevant for this case are:- “9. In case an ex-serviceman dies, his widow shall be entitled to inherit the right to have a truck attached till her life time. 10. In case there is no widow or the widow voluntarily gives up her right, the attachment can be transferred to one son/daughter of the ex- serviceman but in such eventuality, the right to ply 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 the truck shall only be for a period of five years. After the death of the widow or on expiry of five years, the attachment shall cease to exist and the slot shall be given on the basis of seniority. 2. It is clear from these directions that in case an ex-serviceman dies his widow will be entitled to inherit the right to have a truck attached till her life time. In case there is no widow or the widow voluntarily gives up her right then the attachment can be transferred to one son or daughter of the ex-serviceman but the right to ply the truck shall only be for a period of five years. Obviously, the period of five years to run the truck will start from the date of attachment. 3. The impugned order dated 3.2.2011 of the learned District Judge is not in consonance with the directions issued by this Court. It appears that this judgement was not brought to the notice of the learned District Judge. 4. Be that as it may, once this Court had given certain directions they have to be obeyed in letter and spirit. Therefore, the order of the learned District Judge is set-aside and it is made clear that the petitioner(s) shall be entitled to run 3 the truck for a period of five years from the date of attachment. The petition is disposed of accordingly. No costs. 25th May, 2011 (Deepak Gupta) ™ Judge