Decided On: October 6 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15520 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                 CWP No. 7341 of 2023
                                           Decided on: October 6, 2023
    ________________________________________________________
    Surjeet Singh                                    ........... Petitioner




                                                                                .
                                      Versus





    State of Himachal Pradesh and another             .... Respondents
    ________________________________________________________
    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.





    Whether approved for reporting? 1

    For the Petitioners                    :      Mr. Parkash Sharma, Advocate.

    For the respondents                    :
                                  Mr. Rajan Kahol, Mr. Vishal Panwar
                                  and Mr. B.C. Verma, Additional





                                  Advocates General with Mr. Ravi
                                  Chauhan, Deputy Advocate General.
    ________________________________________________________
    Sandeep Sharma, Judge (oral):

The petitioner has retired from the post of D.M. from

Government Senior Secondary School Shrpur, District Sirmaur,

Himachal Pradesh. He has approached this Court, by way of present

petition filed under Art. 226 of the Constitution of India, praying therein

for the following main relief(s):

"(i) That the respondents may kindly be directed to release the remaining amount of arrears of pay and pension at

Annexure P-1 which became due as a result of revision fo pay scales w.e.f. 1.1.2016 at once in one installment alongwith interest there on @ 9% from the date it

became due till the amount is actually paid.

(ii) The respondents may also be directed to release the differential amount of Gratuity at Annexure p-2 immediately in one installment alongwith interest @ 9%."

Whether the reporters of the local papers may be allowed to see the judgment?

2. Subsequent to their retirement/superannuation office order was

issued revising the petitioner's pay scale with effect from 01.01.2016, in

pursuance to Himachal Pradesh Civil Service (Revised Pay) Rules,

.

2022, notified by the Department of Finance (Pay Revision),

Government of Himachal Pradesh, vide notification dated 03.01.2022,

circulated vide the Head Office Memorandum dated 21.06.2022.

Consequently, the petitioner became entitled to get arrears of revised

pay with effect from 01.01.2016 to 30.4.2018, but the same, according

to the petitioner, has not been paid to him till date. This fact has not

That apart, r to been disputed by Counsel for the respondents.

3. pension, gratuity, leave encashment

commutation of pension benefits payable to the petitioner are also and

required to be revised as per office memorandum dated 25.02.2022

issued by the Finance Department for revising the pension, gratuity,

leave encashment and commutation of pension of the retired

employees after 01.01.2016. The petitioner alleges that this has also

not been done.

4. However, learned Counsel for the petitioner has also placed

reliance on order dated 31.5.2023 of the Hon'ble Division Bench of this

Court in CWP No. 2108 of 2023. In the said judgment, Hon'ble Division

Bench has observed as under:-

"Having regard to the reasons assigned in the said order and since the case of the petitioner in the instant case is also on the similar footing, the instant writ petition is also allowed by directing the respondents to pay arrears of pay as per the revision of the pay scales w.e.f. 01.01.2016 to 30.11.2020 with interest @ 6% per annum from the due date till the date of its realization as per Annexure P-2. A further direction is also issued to the respondents to revise the

pension, gratuity (DCRG) and leave encashment, as per Annexure P- 2 and to pay the same alongwith interest @ 6% per annum to the petitioner w.e.f. the due date i.e. 01.12.2020, till the date of its realization.

Pending miscellaneous application(s), if any, also stand disposed of

.

accordingly."

5. Both learned counsel have agreed that this Court had granted

relief to similarly placed petitioners in CWP No.2108 of 2023 on

31.05.2023 and in CWP No.2421 of 2023 on 15.06.2023. Therefore,

this writ petition is allowed for reasons alike and the respondents are

directed to pay arrears of pay as per the revision of pay scales w.e.f.

01.01.2016 to 30.4.2018 with interest @ 6% per annum from the due

date till the date of its realization and they shall also revise the pension,

gratuity, and pay the same alongwith interest @ 6% per annum to the

petitioner w.e.f. 01.01.2016 till the date of its realization, within a period

of six weeks from today.

All pending application(s), if any, also stands disposed of

(Sandeep Sharma) Judge October 6, 2023

Vikrant