Himachal Pradesh High Court Settles Family Pension Dispute with Equal Division
Legally Wedded Wife and Second Wife of Deceased Government Servant Agree to Share Pension Equally
In a landmark decision, the Himachal Pradesh High Court has resolved a contentious family pension dispute between Kamla Devi and Gaitri Devi, the legally wedded wife and second wife of late Shri Sohan Lal, a retired Assistant Sub-Inspector from the Police Department. The court directed the State to equally divide the pension between the two claimants following a mutual compromise reached during the proceedings.
The dispute originated after Shri Sohan Lal's death on March 2, 2023, when the family pension was initially granted to Gaitri Devi, as her name appeared in the Pension Payment Order issued by the Accountant General. Kamla Devi, claiming to be the legally wedded wife, challenged the decision, leading to the current appeal.
The High Court bench, comprising Chief Justice Mr. G.S. Sandhawalia and Justice Ranjan Sharma, facilitated a mediation process, encouraging both parties to consider settlement due to their advanced ages. On August 21, 2025, Gaitri Devi voluntarily agreed to share the pension equally with Kamla Devi. Kamla Devi confirmed the agreement in her statement on September 8, 2025, expressing her willingness to resolve the dispute amicably.
The court, acknowledging the compromise, set aside the previous judgment dated July 15, 2024, and ordered the State to revise the pension case, ensuring that both women receive 50% of the pension. The State has been instructed to complete the necessary formalities within four weeks, including obtaining Kamla Devi's Savings Bank Account details for the pension deposit.
This resolution not only marks a significant precedent in family pension disputes but also highlights the effectiveness of mediation in achieving harmonious settlements. The case underscores the court's commitment to equitable justice, particularly in matters involving familial and financial conflicts.
Bottom Line:
Family Pension - Dispute between two claimants resolved by mutual compromise - Pension to be equally divided between the legally wedded wife and the second wife of the deceased government servant.
Statutory provision(s): Article 226 of the Constitution of India
Kamla Devi v. State of Himachal Pradesh, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2778862
