Himachal Pradesh High Court
Ramesh Chand vs State Of Himachal Pradesh & Ors on 1 November, 2023
Bench: Ranjan Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP No.8288 of 2023
Decided on: 1st November, 2023
___________________________________________________
.
Ramesh Chand ....Petitioner
Versus
State of Himachal Pradesh & ors. ....Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
For the petitioner : Ms. Kiran Lata Sharma,
Advocate.
For the respondents : Mr. Rajan Kahol, Additional
r Advocate General, for respondents
No.1, 2, 4 to 8.
Mr. Chitranjan Kumar Sharma,
Advocate, for respondent No.3.
Ranjan Sharma, Judge (Oral)
Notice. Mr. Rajan Kahol, learned Additional
Advocate General appears and waives notice on behalf of
respondents No.1, 2, 4 to 8. Mr. Chitranjan Kumar Sharma,
learned counsel appears and waives notice on behalf of
respondent No.3.
2. The petitioner being a retired male health worker
has filed the instant petition for the following relief:-
Whether reporters of Local Papers may be allowed to see the judgment? Yes
"i. That a writ in the nature of mandamus may very
kindly be issued thereby directing the
respondents to release the revised pensionary
benefits to the petitioner i.e. leave encashment,
commuted pension, DCRG, arrears of pension
and pay alongwith interest at the rate of 12% till
.
the date of actual payment."
3. Precisely, the case of the petitioner is that the
State Government issued a Notification on 03.01.2022,
issuing the Himachal Pradesh Civil Services (Revised Pay)
Rules 2022 w.e.f. 01.01.2016. Based on this notification the
petitioner is claiming the benefit of revised pay arrear and
revised retiral benefits i.e. revised pension arrear, revised
gratuity, revised leave encashment and revised commuted
pension, if admissible, till the date of payment.
4. The case of the petitioner is that similar benefits
in terms of the Government Notification dated 03.01.2022 has
been released to similar placed employees, flowing from the
judgment passed by this Court in CWP No.2108 of 2023,
decided on 31.05.2023, titled as Bhagat Ram Versus
Himachal Road Transport Corporation & others.
5. In addition to this, learned counsel for the
petitioner placed reliance on the judgments passed by this
Court in CWP No.7895 of 2023, decided on 18.10.2023, titled
as Krishan Lal & ors. Versus State of H.P. & ors. and CWP
No.5651 of 2023, decided on 26.09.2023, tilted as Dr. Sunil
Kumar Chandel Versus State of Himachal Pradesh. She also
.
placed reliance on the judgment passed by this Court in CWP
No.7359 of 2021, decided on 01.12.2022, titled as Amita
Gupta Versus State of H.P. & ors., vide (Annexure P-3),
granting the revised leave encashment on the basis of revised
pay. She further submits that the judgment in case of Amita
6. to
Gupta (supra) stands implemented.
Keeping in view the request made by the learned
counsel for the petitioner, this Court permits the petitioner to
make a representation to the Respondent No.4-Director
Ayurveda, Himachal Pradesh within four weeks from today;
with further directions to aforesaid to examine the
representation, in light of the judgments referred to above,
Annexure P-3 (Colly) and then to pass appropriate orders, in
accordance with law, within four weeks thereafter.
7. Needless to say that, this Court has not adverted
to the rival contentions and merits of the matter and all
questions of facts of law are left open.
As aforesaid, the instant writ petition, as well as,
the pending miscellaneous application(s), if any, shall also
stand disposed of, accordingly.
.
(Ranjan Sharma)
Judge
November 01, 2023
(shivender)
r to
