Himachal Pradesh High Court
Desh Raj vs . State Of H.P. & Ors on 4 November, 2023
Bench: Ranjan Sharma
Desh Raj vs. State of H.P. & Ors
Ex. Petition No. 192 of 2023
.
04.11.2023 Present: Mr. Surinder Prakash Sharma, Advocate, for
the petitioner.
Mr. Rajan Kahol, Additional Advocate General
for the respondents.
Mr. Rangeel Singh, Advocate, for respondent
No.5.
In terms of the judgment passed by the
Coordinate Bench of this Court in CWP No.347 of 2021,
titled as Desh Raj vs. State of Himachal Pradesh & ors,
decided on 15.06.2022, (Annexure E-1), this Court directed
the Respondents to release due and admissible pension to the
petitioner, in terms of the Old Pension Scheme which existed
prior to the coming into force of the Himachal Pradesh Civil
Services Contributory Pension Rules, 2006. This Court had
further directed the respondents to complete the entire exercise
within a period of six weeks.
2. The Director of Higher Education has filed a
reply to the instant Execution Petition No.192 of 2023, which
reads as under:-
"That the petitioner was initially appointed as TGT
and cadre controlling authority in respect of TGTs
is Director of Elementary Education, therefore, any
change in date of initial appointment if any is to be
made by the Respondent no.3 i.e. Director of
Elementary Education. However, as per
information received from the Principal GSSS
Gander, District Kangra, the case of the petitioner
has been sent to the office of Accountant General
vide letter on 30.11.2022 and reminder has been
.
sent on 30.8.2022."
3. A perusal of the reply reveals that though the
matter pertains to the department of Directorate of Elementary
Education yet, the Director of Higher Education has submitted
the case of the petitioner for releasing the pension as per Old
Pension Rules/Scheme to the Accountant General, for further
action on 30.11.2022, which was followed by a reminder on
30.08.2023.
4. In view of the reply, so filed by the Director of
Higher Education, Mr. Rangeel Singh, learned counsel for the
Respondent No.5-Accountant General, Shimla prays for and is
granted four weeks time to have instructions in the matter.
5. In this view of the matter, this Court directs
the Respondent No.5-Accountant General to expedite the
sanction of benefits for the petitioner in accordance with law,
in terms of the judgment dated 15.6.2022 (Annexure E-1),
without delay.
5. In addition to para 4 supra, this Court directs,
the Director of Elementary Education, to ensure compliance of
judgment by ensuring the submission/resubmission on
removal of observations, if any, with Respondent No.5-
Accountant General, so that the admissible benefits in terms of
judgment are released to the petitioner before next date.
.
List the matter in third week of December
2023, on which date Respondents No. 1 to 5, shall file short
affidavit(s) of compliance.
(Ranjan Sharma)
Judge
4th November, 2023
(himani)
