Himachal Pradesh High Court
Balbir Singh vs State Of H.P. & Others on 5 October, 2023
Bench: Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7244 of 2023 a/w CWP Nos.
7245, 7246, 7247, 7248, 7249, 7250,
.
7251, 7252, 7253, 7254& 7255 of 2023
Date of decision : 5.10.2023.
1. CWP No. 7244 of 2023
Balbir Singh ...Petitioner.
Versus
State of H.P. & others ...Respondents.
2. CWP No. 7245 of 2023
Ramesh Chand ....Petitioner
Versus
State of H.P. & others ....Respondents.
3. CWP No. 7246 of 2023
Devinder Pal ....Petitioner
Versus
State of H.P. & others ....Respondents.
4. CWP No. 7247 of 2023
Subhash Chander ....Petitioner
Versus
State of H.P. & others ....Respondents.
5. CWP No. 7248 of 2023
Manjeet Singh ....Petitioner
Versus
State of H.P. & others ....Respondents.
6. CWP No. 7249 of 2023
Om Prakash Lakharwal ....Petitioner
Versus
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State of H.P. & others ....Respondents.
7. CWP No. 7250 of 2023
Dr. Subhash Rana ....Petitioner
.
Versus
State of H.P. & others ....Respondents.
8. CWP No. 7251 of 2023
Kashmir Singh ....Petitioner
Versus
State of H.P. & others ....Respondents.
9. CWP No. 7252 of 2023
Karam Chand Verma ....Petitioner
Versus
State of H.P. & others ....Respondents.
10. CWP No. 7253 of 2023
Bir Singh ....Petitioner
Versus
State of H.P. & others ....Respondents.
11. CWP No. 7254 of 2023
Suresh Singh ....Petitioner
Versus
State of H.P. & others ....Respondents.
12. CWP No. 7255 of 2023
Bomdhir Singh ....Petitioner
Versus
State of H.P. & others ....Respondents.
Coram:
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
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Whether approved for reporting?1
For the petitioners : Mr. Bhupinder Thakur, Advocate.
For the respondents : Mr. Rahul Thakur, DAG, for
.
respondents No. 1 to 3.
Mr. Tek Chand Chauhan,
Advocate, for respondent No.4.
Satyen Vaidya, Judge (Oral):
Notice. Mr. Rahul Thakur, learned Deputy Advocate
General & Mr. Tek Chand Chauhan, Advocate, accept service
of notice on behalf of respondents No. 1 to 3 and respondent
No.4 respectively.
2. Petitioners have prayed for following substantive
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 @ 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 the
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.
Whether reporters of Local Papers may be allowed to see the judgment?
(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 calculated by the parent department and sanctioned by
respondent No.3, with interest @ 9% per annum from the
date it became payable to the petitioner".
3. Learned counsel for the petitioners submits that the
issues raised in the instant petitions are no more res integra
and have already been adjudicated upon by Hon'ble Division
Bench of this Court on 31.05.2023 while deciding CWP No.
2108 of 2023. He further submits that similar view has been
taken by Hon'ble Single Bench of this Court while deciding
CWP No. 6611 of 2023 on 19.09.2023.
4. On the strength of aforesaid judgments, learned
counsel for the petitioners has made further submission that
his clients will be content in case the directions are issued to
respondents to consider the prayers made in the instant
petitions within a time bound manner in light of aforesaid
judgments.
5. Accordingly, the instant petitions are disposed of
with direction to respondent No. 2 to consider and decide the
.
prayers made in the petitions by the petitioners in light of the
above referred judgments passed by Hon'ble Division Bench
and Hon'ble Single Bench of this Court, respectively, within a
period of eight weeks from today. In case, the petitioners are
found similarly situated to the petitioners in afore-mentioned
petitions, they shall also be granted all the reliefs as have been
made permissible to the petitioner in CWP Nos. 2108 and 6611
of 2023.
6. Pending miscellaneous application(s), if any, shall
also stand disposed of.
7. For compliance to come up on 04.12.2023.
(Satyen Vaidya)
5th October, 2023 Judge
(kck)
