Himachal Pradesh High Court
Decided On: October 13 vs State Of Himachal Pradesh And ... on 13 October, 2023
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 7643 of 2023
Decided on: October 13, 2023
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Kuldeep Rao ........... Petitioner
.
Versus
State of Himachal Pradesh and others .... Respondents
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner : Mr. Mohit Thakur and Mr. Aman
Thakur, Advocates.
For the respondents :
Mr. Anoop Rattan, Advocate General
with Mr. Rajan Kahol, Mr. Vishal
Panwar and Mr. B.C. Verma,
Additional Advocates General with
Mr. Ravi Chauhan & Ms. Sunaina,
Deputy Advocates General.
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Sandeep Sharma, Judge (oral):
The petitioner retired from the post of Superintending Engineer
on 31.12.2017, on attaining the age of superannuation, with the
respondent/Secretariat.
2. Subsequent thereto, an office order dated 01.12.2022 was
issued, revising the petitioner's pay scale w.e.f. 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 w.e.f. 01.01.2016 to 30.4.2018, but the same, according to the
Whether the reporters of the local papers may be allowed to see the judgment?
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 and leave encashment 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 and leave encashment 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 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 31.12.2017 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 pay the same alongwith interest @
6% per annum to the petitioner w.e.f. 01.01.2016 till the date of its
realization. All pending application(s), if any, also stands disposed of.
(Sandeep Sharma)
Judge
October 13, 2023
Vikrant
