Kumari Kavita vs State Of H.P. & Others

Ajay Mohan Goel, J

By way of this petition, petitioner has prayed for the following reliefs:Â​

“i) The orders/ communications, if found to have been made by respondents No.1 to 3 for grant of payment and service benefits in favour of

respondent No.4 may kindly be ordered to be setÂ​aside and quashed;

ii) The applicant may be held entitled to get all the service benefits and other amounts, whatsoever are payable due to death of her father and

respondents No.1 to 3 may be directed to act accordingly and make all such payments, whatsoever are payable due to death of her father only in

favour of the applicant;

iii) Respondents No.1 to 3 may be restrained from giving any service benefits to respondent No.4 and they may be restrained from making any

payment of pension, GPF, Gratuity and other benefits, which are payable to the applicantâ€​.

At the time when the petition was filed, petitioner was a minor, but Mr. Romesh Verma, learned Counsel, informs the Court that now she has

attained majority.

Learned Additional Advocate General points out that this petition is not maintainable for the reason that present petitioner had filed a Civil Suit

against respondent No.4 herein, for declaration that she was only surviving heir of deceased Kanwar Singh and a declaratory decree was also sought

against respondent No.4, to the effect that no marriage was contracted between her and father of the petitioner, which suit, as well as the the first and

second appeals stand decided against the petitioner. The Court has also been handed over a copy of the judgment passed by Hon’ble Coordinate

Bench of this Court ( i.e. the Bench of Hon’ble Mr. Justice, Sureshwar Thakur), in RSA No.263 of 2003, titled as Ms. Kavita Versus Smt. Tara

Devi, dated 18.03.2015, perusal of which demonstrates that the suit for declaration, which was filed by present petitioner against respondent No.4, has

been dismissed, so also the first and second appeals.

In these circumstances, as the relief which has been prayed for by way of this petition cannot be granted to the petitioner, this petition is dismissed.

Photocopy of the judgment passed in RSA No.263 of 2003, titled as Ms. Kavita Versus Smt. Tara Devi, dated 18.03.2015, shall form part of the

record.

At this stage, learned Counsel for the petitioner submits that in case there are certain undisputed amounts, which the petitioner may be entitled to,

then it may be observed that dismissal of this petition may not act as impediment in this regard. Ordered accordingly.

As prayed for, liberty is also granted to the petitioner to approach the authorities concerned for release of such amount to which she may be entitled

to which as per the State may be undisputed. Pending miscellaneous applications, if any, stand dismissed. Interim order, if any, also stand vacated.