CWP/9300/2024 on 31 December 2024

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.9300 of 2024

Decided on: 31st December, 2024 _________________________________________________________________ Jagat Ram & Ors.

....Petitioner

Versus State of H.P. & Ors.

…Respondents _________________________________________________________________

Coram

Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. P.D. Nanda, Advocate.

For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General.

Jyotsna Rewal Dua, Judge

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

2. This writ petition has been filed for grant of following substantive relief: - “(i) Respondents may be directed to release the differential amount of leave encashment and gratuity to the petitioners in the revised pay/emoluments with interest 9% per annum from the date of their retirement from 30.04.2017, 31.08.2017, 31.12.2017,

Whether reporters of Local Papers may be allowed to see the judgment? yes

31.08.2018, 30.11.2019, 31.01.2020, 30.06.2021 and 31.03.2021 respectively till the amount is actually paid to them.”

3. Learned counsel for the petitioners submits that petitioners’ prayer for releasing differential amount of leave encashment is covered in light of decision rendered in Amita Gupta Vs. State of Himachal Pradesh and others2.

That petitioners’ second prayer for grant of revised gratuity is covered under decision rendered in H.P. Secretariat & other Affiliated Pensioners Welfare Association Vs. State of H.P. & Ors.3

Learned counsel for the petitioners submitted that the respondents have not considered the case of the petitioners for grant of relief prayed for by them in view of the aforesaid judgments. They be directed to consider the case of the petitioners for grant of relief prayed for by them light of the aforesaid judgments within a fixed time schedule. Learned Deputy Advocate General is not averse to consider the case of the petitioners in light of the aforesaid judgments.

4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition 2 CWP No. 7359 of 2021 decided on 01.12.2022 3 CWP No.7376 of 2023 decided on 22.03.2024

is disposed of by directing the respondents to consider and decide the case of the petitioners for grant of above reliefs prayed for by them, in accordance with law and taking into consideration the above judgments, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua

Judge December 31, 2024 R.Atal