Er. Chaman Lal vs Himachal Pradesh State ...
2023 Latest Caselaw 16970 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                     Civil Writ Petition No.8059 of 2023
                                           Date of Decision: 20.10.2023
    _____________________________________________________________________





    Er. Chaman Lal
                                                                  .........Petitioner
                                      Versus
    Himachal Pradesh State Electricity Board Ltd.
                                                                 .......Respondent





    Coram
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?

    For the Petitioner:       Mr.Parkash Sharma, Advocate.
    For the respondent:       Mr. Raj Pal Thakur, Advocate.

    ___________________________________________________________________________
    Sandeep Sharma, J. (Oral)

The petitioner, who has retired from the post of Sr.

Executive Engineer (E) from the respondent/Board, has approached

this Court by way of present petition filed under Article 226 of the

Constitution of India, praying therein for the following substantive

relief(s):-

"(i). That the respondent Board may kindly be directed to

release the amount of arrears of pay and pension, leave encashment which became due as a result of revision of pay scales w.e.f. 1.1.2016 at once in one installment alongwith interest thereon @9% from the date it became due till the amount is actually paid;

(ii) That the respondent Board may kindly be directed to release the differential amount of revised Gratuity as per

Annexure P-2 immediately in one installment alongwith interest @ 9%."

.

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 State Electricity Board

(Pay Revision), Regulations, 2022, circulated by the respondent vide

the Head Office Memorandum dated 12.04.2022. Consequently, the

petitioner became entitled to get arrears of revised pay with w.e.f.

01.01.2016 to 31.3.2017, but the same, according to the petitioner,

has not been paid to him till date. This fact has not been disputed by

learned counsel for the respondent.

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 12.04.2022,

issued by the Finance Department for revising the pension, gratuity

and leave encashment 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 31.05.2023 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 31.3.2017 with interest @6% per

annum from the due date till the date of its realization and they shall

also revise the pension, gratuity and 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, within a period of six weeks

from today. Pending application(s), if any, also stand disposed of.

    October 20, 2023                                       (Sandeep Sharma),
    manjit                                                       Judge