Pushpa Devi vs State Of H.P And Others

Jyotsna Rewal Dua, J

Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No. 1 & 2.

With the consent of learned counsel for the parties, the matter is heard at this stage.

Petitioner is aged 78 years and claims to be first wife of late Sh. Khem Dass stately employed as Senior Assistant in the respondents- Health & Family Welfare Department, H.P. The case set up by petitioner is that her husband was in receipt of pension from the respondents subsequent to his retirement on 30.04.1998. He passed away on 29.12.2023 but did not nominate petitioner’s name in the pension documents. It has also been pleaded that petitioner’s late husband had solemnized another marriage with one Smt. Gita Devi to whom three sons were born from the wedlock.

Neither Smt. Gita Devi n r her s ns have been impeaded as parties in the pe i ion. In the pleaded facts, when petitioner's name, admi edly, has not been nominated by her husband as recipient for pension, their impleadment bec mes necessary. Confronted with above, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file afresh in accordance with law after incorporating proper parties & pleadings.

Granting such permission, the writ petition is dismissed as withdrawn. Pending miscellaneous application(s), if any, shall also be disposed of.