CWP/7241/2026 on 4 November 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 7241/2026

Decided on: 04.11.2026

Champa Devi

…..Petitioner

Versus

State of H.P. & Ors.

.…Respondents. …………………………………………………………………………….

Coram

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioner: Mr. Devender K. Sharma, Advocate.

For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents- State.

Mr. Dikken Kumar, Advocate, for respondent No.5.

Jyotsna Rewal Dua, J.

The petitioner had preferred this writ petition for the grant of following substantive reliefs: - “(i) Issue a writ of Certiorari, for quashing the impugned order dated nil (Annexure P-8) for all intents and purposes. ii) Issue a writ of Mandamus Or other appropriate writ, order or direction, by directing the respondent's department to Grant/Release the pension in favour of the petitioner w.e.f 01.08.2024 by counting the regular/work charge service w.e.f. 7.01.2015 to 31.07.2024 and also count the one and half years from daily wage period (8 years) for qualifying service for pension in terms of the law laid down by the Hon'ble Apex Court in Civil Appeal No.4792/2022 Title Balo Devi Versus State of Himachal Pradesh & Ors, along with 12% interest for delayed payment with in time bound manner.

Whether reporters of the local papers may be allowed to see the judgment? yes iii) Issue a writ of Mandamus Or other appropriate writ order or direction, by directing the respondent department to pay/award Cost in favour of the Petitioner in terms of the law laid down by the Hon'ble Apex Court in SLP (Civil) Diary No. 30326/2023 title The Special Land Acquisition Officer Versus Vithal Rao as well as in SLP (Civil) No.3398/2024 titled State of Rajasthan & Ors Versus Gopal Bijawat, for dragging the petitioner (Class- IV Employee) into the un-necessary litigation contrary to the litigation Policy framed by the respondents department.”

2. On 21.09.2026, the respondents-State placed on record instructions dated 20.06.2026, conveying that the petitioner was entitled to pension and that her case had been successfully forwarded to the office of the Accountant General (A&E), H.P., on 18.06.2026, whereafter the following order was passed in the matter on the aforesaid date: - “Learned Assistant Advocate General has placed on record office instructions dated nil June, 2026 along with a compendium of documents. In view of the aforesaid office instructions, let learned counsel for respondent No. 5, i.e. Accountant General, Himachal Pradesh, take instructions about the finalization of the pension case of the petitioner. List after two weeks.

3. On 12.10.2026, the matter was adjourned, granting one more opportunity to the respondents to finalise the pension case of the petitioner.

4. During the course of today's hearing, learned Additional Advocate General has placed on record office instructions dated 04.11.2026, issued by the Additional Director, Food, Civil Supplies & Consumer Affairs, H.P., Shimla, conveying that pension has been granted to the petitioner by the office of the Principal Accountant General, H.P., on 29.10.2026. Learned Additional Advocate General, as also learned counsel for respondent No. 5-Accountant General (A&E), H.P., have placed on record the Pension Payment Order (PPO), authorising payment of pension in favour of the petitioner on 29.10.2026, with the date of commencement of pension indicated as 01.08.2024.

5. Taking note of the aforesaid documents, this writ petition is disposed of with a direction to the respondents-State to release the admissible pension/pension arrears to the petitioner within four weeks from today, failing which the amount shall carry interest at the rate of 5% per annum from the due date. Pending miscellaneous applications, if any, shall also stand disposed of.

Jyotsna Rewal Dua

Judge 04th November, 2026(rohit)