IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 10929 of 2008 Decided on 26.03.2010 Smt. Bimla Devi ..…Petitioner. Versus State of Himachal Pradesh and others ………. Respondents. Coram The Hon’ble Mr. Justice V.K. Sharma, J. Whether approved for reporting? No. For the Petitioner : Mr. Dalip Sharma, Advocate. For respondents No. 1 and 2 : Mr. Anil Jaswal, Dy. Advocate General. For respondent No.3 : Mr. Lokender Thakur, Advocate. V.K. Sharma, Judge (Oral) The present writ petition was initially filed as Original Application (OA) before the erstwhile H.P. Administrative Tribunal (since abolished), qua service benefits of late Shri Lagnu Ram, Drawing Teacher, working on the establishment of respondent No.2, Director of Education, Himachal Pradesh. The undisputed facts are that Shri Lagnu Ram had died during harness on 22.10.2001. His first wife Smt. Mewa Devi, has since died and is survived by her legal heirs. After her death, Shri Lagnu Ram, married another lady by name Smt. Satya Devi. This marriage could not subsist for long and ended in a divorce. However, an offspring was born out of this wedlock. Lastly, Shri Lagnu Ram married the ------------------------------------------------------------------------------ 1 Whether the reporters of the local papers may be allowed to see the Judgment? No. 2 petitioner, Smt. Bimla Devi and a daughter was born from this wedlock. Thus, in essence all the aforesaid surviving legal heirs of late Shri Lagnu Ram would represent his estate. Admittedly, two succession certificates, one in favour of the petitioner herein, Smt. Bimla Devi and her daughter Kumari Preeti and the other favouring Shri Bhupinder Singh son of late Shri Lagnu Ram, through his second wife as aforesaid, Smt. Satya Devi, have been granted by the courts of competent jurisdiction. In addition thereto, legal heirs of late Shri Lagnu Ram from the first wife, late Smt. Mewa Devi, have also approached respondent No.3, the Senior Deputy Accountant General (A&E), office of the Accountant General, Himachal Pradesh, Shimla-171003, to lay claim with regard to their share in the service benefits of the deceased, Shri Lagnu Ram. It is also not in dispute that the service benefits of the deceased, Shri Lagnu Ram form part of family pension, gratuity, GPF etc. All these benefits are liable to be disbursed in accordance with relevant Rules and Regulations governing the service of late Shri Lagnu Ram and in accordance with law. It being so, the petition is disposed of with the following directions:- 1. Family pension shall be payable to the petitioner being surviving wife of late Shri Lagnu Ram and other eligible legal heirs, if any, in accordance with Rule 54 of the CCS Pension Rules. 2. Other service benefits payable in respect of the service of late Shri Lagnu Ram, such as, gratuity, GPF etc. shall be disbursed to the petitioner and other eligible legal heirs, if any, in accordance with the relevant provisions governing such benefits. 3 The respondents shall release the amount of the above benefits within three months from today positively, subject to completion of formalities, if any, by all concerned within one month from today. The petition stands disposed of in the above terms. (V.K. Sharma) Judge. 26th March, 2010. Lsp*