CWP/10893/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.10893 of 2023 Decided on: 29th December, 2023 ________________________________________________________

Balram Kumar

....Petitioner

Versus

State of H.P.

….Respondent

Coram

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

For the petitioner : Mr. Vijay Panchta and Rakesh

Chauhan, Advocates.

For the respondent : Mr. B.C. Verma, Additional

Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. B.C. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in

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

view of the order(s) intended to be passed herein.

3. The petitioner, having retired on 31.05.2018, has filed the instant writ petition, with the following prayer(s):- “i. That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay arrears of pension to the petitioners on account of revision of their pay scale by calculating the same along with interest @ 9% p.a. from the date the same became payable to the petitioners. ii. That an appropriate writ, order or direction may kindly be issued thereby directing the respondents to pay balance amount of the leave encashment which became payable to the petitioners after revision of the pay scale by calculating the same along with interest @ 9% p.a. from the date it became payable to the petitioners.

iii. That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay the amount of gratuity which has become available to petitioners along with interest @ 9% p.a. from the date it became payable to the petitioners.

iv. That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay arrears with respect to the commutation of pension which already stood

calculated with interest @ 9% p.a. from the date it became payable to the petitioners. v. That appropriate writ, order or directions may very kindly be issued and impugned communication dated 17-09-2022 Annexure P-2 may be quashed and set aside, so far it puts restriction on payment of arrears.”

4. Case of the petitioner is that the respondents- State issued the Himachal Pradesh Civil Services (Revised) Pay Rules, 2022, as per Notification dated 3rd January, 2022, revising the pay scales of employees w.e.f. 01.01.2016; and as per Notification dated 25.02.2022 (Annexure P-1) the Respondents decided to give retiral benefits to its pensioners w.e.f. 01.01.2016 onwards.

5. Learned counsel further submits that firstly, respondents have not released the arrears of pay for the period w.e.f. 01.01.2016 to 31.05.2018 as yet; secondly, as per Notification dated 25.02.2022, the respondents have not released the Revised Benefits i.e. Revised Leave Encashment, Revised Commuted Pension, Retiral

Benefits and Revised Pension for the period w.e.f. 01.06.2018 to the petitioner till day; and thirdly, the petitioner is entitled for interest @ 6% or such other rate of interest on delayed payment of aforesaid claims-dues- benefits from due date till realization.

6. Learned counsel for the petitioner has placed reliance, on the judgment passed by this Court, in CWP No.5651 of 2023, tilted as Dr. Sunil Kumar Chandel and others Versus State of Himachal Pradesh and others, decided on 26.09.2023, CWP No.7895 of 2023, titled as Krishan Lal & others Versus State of H.P. & others, decided on 18.10.2023. He also placed reliance on the judgment passed by the Division Bench of this Court in CWP No.7359 of 2021, titled as Amita Gupta Versus State of Himachal Pradesh and others, decided on 01.12.2022, granting the revised leave encashment on the basis of revised pay. He further submits that the judgment in case of Amita Gupta (supra) stands implemented and in CWP No.2108 of

2023 titled as Bhagat Ram Versus Himachal Road Transport Corporation and others, decided on 31.05.2023, whereby this Court has mandated the respondents therein to release the arrears of pay as well as revised retiral benefits along with arrears with interest @ 6% per annum from the due date till its realization.

7. On the other hand, Mr. B.C. Verma, learned Additional Advocate General, appearing for the respondents submits that the judgment in case of Bhagat Ram (supra) has not attained finality, as the HRTC-Respondent therein has filed a Review Petition, which is pending listing/hearing.

8. Faced with this situation, learned counsel for the petitioner, on instructions, submits that the petitioner shall be satisfied, in case, this Court permits him to make a representation for claiming above benefits. The prayer being innocuous, is not opposed and needs to be granted.

9. Accordingly, as prayed for, by the learned

counsel for the petitioner, this Court permits the petitioner to make a fresh representation, to respondent- Additional Chief Secretary (Finance), Himachal Pradesh, Shimla, within two weeks from today; with further directions to the aforesaid respondent to examine/consider the matter and to pass appropriate orders, in accordance with law, within four weeks thereafter. Ordered accordingly.

10. 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 instant writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma)

Judge December 29, 2023

(Shivender)