Himachal Pradesh High Court
_____________________________________________________________________ vs State Of Himachal Pradesh And Ors on 12 October, 2023
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Writ Petition No. 2473 of 2023
.
Date of Decision: 12.10.2023
_____________________________________________________________________
Vijender Kumar
.........Petitioner
Versus
State of Himachal Pradesh and Ors.
.......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: r Mr. Parkash Sharma, Advocate.
For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
B.C.Verma, Additional Advocate Generals with
Mr. Ravi Chauhan and Ms. Sunaina, Deputy
Advocate Generals.
Mr. Chitranjan Sharma, Advocate for
respondent No.4.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
The petitioner has retired from the post of Lecturer
Chemistry from Government Senior Secondary School, Sanio- Deedag,
Tehsil Rajgarh, District Sirmour, 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
commutation amount of Rs.8,75, 740/- sanctioned vide
order dated 9.7.2022, Annexure P-7 to the petitioner with
interest at market rate, with all consequential benefits;
(ii) That the respondents may kindly be directed to count
the period 15 years of commuted portion of pension from
the date of payment of commuted value i.e. September
.
2021 (Annexure P-8);
(iii) That the order dated 8.6.2021 Annexure P-3, may
kindly be quashed and set aside and consequently, the
respondents may kindly be directed to pay 3rd benefit of
ACP Scheme to the petitioner with all consequential
benefits;
(iv) That the respondents may kindly be directed to pay
arrears of Rs. 50,000/- on account of revision of pay scale
to the petitioner.
(v) That the respondents may kindly be directed to pay
DA at the rate of 28% to the petitioner on calculation of
gratuity and cash payment in lieu of leave;
(vi) That the respondents may kindly be directed to
fixed the pay of the petitioner at par with his counterparts;
2. Subsequent to his 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 the
arrears of revised pay with effect from 01.01.2016 to 30.4.2021, but
the same, according to the petitioner, has not been paid to him till
date. This fact has not been disputed by Counsel for the respondents.
3. That apart, pension, gratuity, leave encashment and
commutation of pension benefits payable to the petitioner are also
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. 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 P2 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 30.4.2021 with interest @ 6% per annum from the due
.
date till the date of its realization and they shall also revise the
pension, gratuity, leave encashment and commutation of pension and
pay the same alongwith interest @ 6% per annum to the petitioner
w.e.f. 01.01.2016 till the date of his realization, within a period of six
weeks from today.
All pending application(s), if any, also stands disposed of
October 12, 2023
r (Sandeep Sharma),
Judge
(shankar)
