Himachal Pradesh High Court
__________________________________________________________ vs State Of H.P. & Others on 22 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 9155 of 2023
Decided on: 22nd November, 2023
__________________________________________________________
Rajinder Singh Rana
.
....Petitioner
Versus
State of H.P. & Others
......Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
of
1 Whether approved for reporting?
For the petitioner: Mr. Mandeep Chandel, Advocate.
rt
For the respondents: Mr. Rajan Kahol, Additional
Advocate General for respondents
No. 1 to 5.
Ranjan Sharma, Judge (Oral)
Notice. Mr. Rajan Kahol, learned Additional
Advocate General appears and waives, service of notice
on behalf of respondents No. 1 to 5.
2. With the consent of the parties, the instant
writ petition, is taken up for disposal, at this stage, in
view of the order(s) intended to be passed herein.
3. The petitioner, being the husband of the
deceased, Neelam Rani, who died on 31.3.2021 from
the post of TGT (Arts) in GHS Surajpur, under complex
Whether reporters of Local Papers may be allowed to see the judgment?
GSSS Barotiwala, District Solan (HP), has filed the
instant writ petition, praying for the following relief(s):-
"(i) That the writ in the nature of mandamus
or other writ, order or direction, directing
.
the respondent to pay arrear of pay as per
revision of pay scale w.e.f. 01.01.2016
with interest @ 6% per annum from the
due date till the date of its realization and
they shall also revise the pension, gratuity
of
and leave encashment and pay the same
alongwith interest @ 6% per annum till
the date of its realizations."
4.
rt
Case of the petitioner is that the
Respondents-State as per notification dated
03.01.2022, granted revising the pay scale w.e.f.
01.01.2016. Learned counsel for the petitioner submits
that consequent upon the issuance of notification,
dated 03.01.2022 the Respondents-State was duty
bound to grant the benefit of (i) revised pay scales, pay
fixation and arrear for the period w.e.f. 01.01.2016 till
the date of retirement; and (ii) benefit of revised retiral
benefits as per Notification dated 25.02.2022, i.e.
revised pension, revised gratuity, revised leave
encashment and revised commuted pension to the
petitioner-retiree.
5. Learned counsel further submits that firstly,
.
Respondents-State have not released the arrears of pay
for the period from 01.01.2016 to till date; secondly, it
is submitted that the Revised Pension, Revised
Gratuity, Encashment and Revised Commuted Pension
of
have neither been assessed/sanctioned nor released to
the petitioner till day.
6.
rt
Learned counsel for the petitioner has
placed reliance, on the judgment passed by the
Division Bench of this Court, in CWP No. 2108 of
2023, decided on 31.05.2023, titled as Bhagat Ram
vs. Himachal Road Transport Corporation and
Others, whereby this Court has mandated the
respondents to release the arrears of pay as well as
revised retiral benefits along with arrears with interest
@ 6% per annum from the due date till its realization.
7. On the other hand, Mr. Rajan Kahol,
learned Additional Advocate General, for the
respondents submits that the judgment in case of
Bhagat Ram (Supra) has not attained finality, as the
HRTC-Respondent therein have filed a Review Petition,
which is pending listing/hearing. He further submits
.
that after the issuance of Notification dated
03.01.2022 (as referred to in Para 3) supra, the State
Authorities have issued communication on
17.09.2022, deciding to give the Revised Pay and
of
Revised Arrears to the employees, though in
installments. He further submits that the present writ
rt
petition does not deal with or disclose these material
aspects and therefore, in these circumstances, in case
the petitioner approaches the Respondents-Competent
Authority, his case shall be considered in view of
existing norms.
8. In addition to the submissions made by
learned Additional Advocate General as in Para 6
(supra) a perusal of the pleadings reveals that the
instant petition is vague and does not disclose the
material particulars, as to the nature and extent of
retiral benefits due and released; and if not, the
nomenclature of retiral benefits (including the factum
as to whether option required for revised commuted
pension was submitted or not, etc) which are yet to be
released; and the extent of interest admissible on non-
.
release and/or belated release of these retiral benefits
and extent of interest admissible on the basis of
relevant rules/law. These material details are missing
in the instant case.
of
9. Faced with this situation, learned counsel
for the petitioner, on instructions, submits that the
rt
petitioner shall be satisfied, in case, this Court permits
him to make a representation for claiming above
benefits. The prayer being innocuous, is not opposed
and needs to be granted.
10. Accordingly, as prayed for, by the learned
counsel for the petitioner, this Court permits the
petitioner to make a representation, to the Respondent
No.3-Director Elementary Education, Himachal
Pradesh, within three weeks from today, with a
direction to the aforesaid respondent, to decide the
same and pass appropriate orders, within four weeks
thereafter. Ordered accordingly.
11. Needless to say that, this Court has not
adverted to the rival contentions and merits of the
matter and all questions of facts and law are left open.
.
In aforesaid terms, the writ petition as well
as the pending miscellaneous application(s), if any,
shall also stand disposed of, accordingly.
(Ranjan Sharma)
of
Judge
November 22, 2023
(himani)
rt
