Mehar Singh vs State Of Himachal Pradesh And Ors

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                    Civil Writ Petition No. 7887 of 2023
                                           Date of Decision: 20.10.2023
    _____________________________________________________________________





    Mehar Singh
                                                                  .........Petitioner
                                     Versus
    State of Himachal Pradesh and Ors.
                                                               .......Respondents





    Coram

    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?

    For the Petitioners:      Mr. Vikas Rathore, Mr. Bhupidner Thakur

                              and Mr.Kuldeep Thakur, Advocates.

    For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
                         B.C. Verma, Additional Advocates General


                         with Ms. Sunaina and Mr. Ravi Chauhan,
                         Deputy Advocates General, for the State.
                         Mr. Tara Chand Chauhan, Advocate, for
                         respondent No.4.




    ___________________________________________________________________________
    Sandeep Sharma, J. (Oral)

The petitioner has retired from the posts of Principal, on attaining the age of superannuation. He has approached this Court, by way of present petition filed under Art. 226 of the Constitution of India, praying therein for the following main relief(s):

"(i) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay arrears of pension to the petitioner on account of revision of their pay scale by calculating the same along with inters ::: Downloaded on - 20/10/2023 20:38:44 :::CIS -2- @ 9% p.a. from the date the same became payable to the petitioner.

.

(ii) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay balance amount of the leave encashment which became payable to petitioner after revision of the pay scale by calculating the same along with interest @9% pa. from the date it became payable to the petitioner.

(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 the petitioner along with interest @ 9% p.a. from the date it became payable to the petitioner.

(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 STF calculated by the parent department and santioend by respondent No.3, with interest @ 9% p.a. from the date it became payable to the petitioner."

2. Subsequent to their retirement/superannuation office orders were issued revising the petitioner's pay scale with effect from 01.01.2016, in pursuance to Himachal Pradesh Civil Service (Revised Pay) Rules, 2022, notified by the Department of Finance (Pay Revision), Government of Himachal Pradesh, vide notification dated 03.01.2022, circulated vide the Head Office Memorandum dated 21.06.2022. Consequently, the petitioner became entitled to get arrears of revised pay with effect from 01.01.2016 to 31.3.2019, but ::: Downloaded on - 20/10/2023 20:38:44 :::CIS -3- the same, according to the petitioner, has not been paid to him till .

date. This fact has not been disputed by Counsel for the respondents.

3. That apart, pension, gratuity, leave encashment and commutation of pension benefits payable to the petitioner are also required to be revised as per office memorandum dated 25.02.2022 issued by the Finance Department for revising the pension, gratuity, leave encashment and commutation of pension of the retired employees after 01.01.2016. The petitioner alleges that this has also not been done.

4. Learned Counsel for the petitioner has also placed reliance on order dated 31.5.2023 of the Hon'ble Division Bench of this Court in CWP No. 2108 of 2023. In the said judgment, Hon'ble Division Bench has observed as under:-

"Having regard to the reasons assigned in the said order and since the case of the petitioner in the instant case is also on the similar footing, the instant writ petition is also allowed by directing the respondents to pay arrears of pay as per the revision of the pay scales w.e.f. 01.01.2016 to 30.11.2020 with interest @ 6% per annum from the due date till the date of its realization as per Annexure P-2. A further direction is also issued to the respondents to revise the pension, gratuity (DCRG) and leave encashment, as per Annexure P2 and to pay the same alongwith interest @ 6% per annum to the petitioner w.e.f. the due date i.e. 01.12.2020, till the date of its realization. Pending miscellaneous application(s), if any, also stand disposed of accordingly."

5. Both learned counsel have agreed that this Court had .

granted relief to similarly placed petitioners in CWP No.2108 of 2023 on 31.05.2023 and in CWP No.2421 of 2023 on 15.06.2023. Therefore, this writ petition is allowed for reasons alike and the respondents are directed to pay arrears of pay as per the revision of pay scales w.e.f.

01.01.2016 to 31.3.2019 with interest @ 6% per annum from the due date till the date of its realization and they shall also revise the pension, gratuity, leave encashment and commutation of pension and pay the same alongwith interest @ 6% per annum to the petitioner w.e.f. 01.01.2016 till the date of its realization, within a period of six weeks from today.

All pending application(s), if any, also stands disposed of.

    October 20, 2023                                 (Sandeep Sharma),




    manjit                                                  Judge






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