Bishan Singh Chandel vs Himachal Pradesh University
2022 Latest Caselaw 10481 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

             Civil Writ Petition (Original Application) No. 5293 of 2019
                                           Date of Decision: 7.12.2022
    _____________________________________________________________________





    Bishan Singh Chandel
                                                                 .........Petitioner.
                                           Versus
    Himachal Pradesh University
                                                                 .......Respondent





    Coram

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

    For the Petitioner:       Mr. Sanjeev Bhushan, Senior Advocate with

                              Mr. Rajesh Kumar, Advocate.

    For the respondent:       Mr. Surender Verma, Advocate.
    ___________________________________________________________________________


    Sandeep Sharma, J. (Oral)

By of present writ petition, petitioner has prayed for

following main reliefs:

"(i) Respondent University may kindly be directed to rectify Annexure A-2 dated 8.4.2015 by further directing it to add the Secretariat pay in the total pay of the applicant and thereby

fixing the total pay of the applicant as Rs. 39790/- in Annexure A-2.

(ii) That the respondent University may further kindly eb directed to calculate the pension of the applicant based upon his total pay of Rs. 39790/- by further directing the respondent University to pay arrears accruing on the pension of the applicant after rectification i.e. with effect from April, 2015 alongwith interest @9% p.a.

(iii) That the respondent University may kindly be directed to calculate and other benefits by taking the last total pay of the

.

applicant as Rs. 39790/0 by including Secretariat pay to the

tune of Rs. 2500/- in Annexure A-2 and to pay the arrears after such fixating on leave encashment, commutation of pension

and gratuity etc. along with interest @ 9% p.a. in the interest of law and justice."

2. Though reply to the petition has been filed but before case

at hand could be heard and decided on its own merits, learned

counsel appearing for the petitioner while inviting attention of this

Court to judgment dated 19.10.2022, passed by coordinate Bench of

this Court in CWPOA No. 208 of 2020 Durga Ram v. HPU and Anr.

(along with connected matters), submits that issue raised in the

instant petition is squarely covered with the aforesaid judgment and

as such, petitioner would be content and satisfied in case directions

are issued to the respondents to consider and decide his case in light

of the aforesaid judgment in a time bound manner. Learned counsel

for the respondent is not averse to the aforesaid prayer made by the

petitioner.

3. Having perused averments contained in the petition vis-à-

vis judgment sought to be relied upon, this Court finds that issue

raised in the instant petition for inclusion of Secretariat pay as part of

basic pay for calculation of all types of pensionary benefits already

stands adjudicated by this Court in CWPOA NO. 208 of 2020 and as

such, there appears to be no impediment in directing the respondent

to consider and decide case of the petitioner in light of judgment

.

supra.

4. Consequently, in view of the above, present petition is

disposed of with direction to the respondents to consider and decide

the case of the petitioner in light of the aforesaid judgment rendered

by this Court in Durga Ram's case (supra), expeditiously, preferably

within four weeks. In case petitioner is found similarly situate to the

case of Durga Ram, similar benefit shall be granted to him. Needless

to say, authority concerned while doing the needful in terms of the

instant order shall afford an opportunity of hearing to the petitioner

and pass detailed speaking order thereupon.

5. In the aforesaid terms, present petition is disposed of

alongwith pending applications, if any. However, liberty is granted to

the petitioner to file appropriate proceedings before appropriate court

of law, if he still remains aggrieved.

Copy dasti.

    December 7, 2022                                      (Sandeep Sharma),
    manjit                                                     Judge