CWP/10851/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.10851 of 2023

Decided on: 29th December, 2023 ___________________________________________________________ Khem Singh

.......Petitioner Versus

State of H.P. and another

……Respondents

Coram

Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting?

For the petitioner: Mr. Rajender Sharma, Advocate.

For the respondents: Mr. Ravi Chauhan, Deputy Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. Ravi Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the orders intended to be passed herein.

3. The petitioner has filed the instant petition with the following prayers:-

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

“(i) That writ of mandamus may kindly be issued, directing the respondents to release the remaining arrears as calculated by the respondents vide office order dated 22.06.2012 (Annexure P-2) along with interest @ 9% per annum.

(ii) That writ of mandamus may kindly be issued, directing the respondents to treat the petitioner as in continue service till his attaining the age of 60 years as per the judgment passed by the Full Bench of this Hon’ble Court in CWP No.2711/2017, titled as Baldev v/s State of H.P., decided on 22.02.2022 with all consequential benefits.

(iii) That writ of mandamus may kindly be issued, directing the respondents to count the services rendered by the petitioner on work charge basis towards qualifying services in view of the ratio laid down by this Hon’ble Court in CWP No.6167/2012, titled as Sh. Sukru Ram v/s The State of H.P. & others, decided on 06.03.2013 (Annexure P-3).

(iv) That writ of mandamus may kindly be issued, directing the respondents to pay the pension to the petitioner immediately after his retirement and arrears thereof alongwith interest @ 9% per annum.”

4. The case of the petitioner is that he was granted work charge status on 22.06.2012 w.e.f. 19.02.1999 [Annexure P-2], and on account of conferment of work charge status, the financial benefits as mentioned in Annexure P-2 were to be released to the petitioner during the period 2012 to 2017. It is stated that only first installment has been given and the remaining arrears are still unpaid. The second prayer of the petitioner is that the work charge service may be counted as a qualifying service for pension, which is not being done till day, resulting in denial of pension to the petitioner, in accordance with Rules. The petitioner has also placed reliance on the judgment passed by a Co-ordinate Bench of this Court in CWP No.6167 of 2012, titled as Sh. Sukru Ram Vs The State of H.P. and others, decided on 06.03.2013 [Annexure P-3].

5. In the background of the above facts, the petitioner has made a representation on 30.11.2023 [Annexure P-4], to Principal Secretary (Forests) to the Government of Himachal Pradesh, which is stated to be still pending.

6. Per contra, Mr. Ravi Chauhan, learned Deputy Advocate General, submits that in case the representation has not been decided as yet, the same shall be decided by passing the appropriate orders within six weeks from today.

7. In view of the stand so taken by the learned State Counsel, this Court disposes of the present writ petition by directing Respondent No.1-Principal Secretary (Forests) to the Government of Himachal Pradesh, to examine/consider the representation dated 30.11.2023 [Annexure P-4] and to pass appropriate orders, in the matter, within six weeks from today.

8. Needless to say that, this Court has not adverted to the merits of the matter and all questions of facts and law are left open.

In the aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.

(Ranjan Sharma)

Judge December 29, 2023 (Bhardwaj)