Himachal Pradesh High Court
_____________________________________________________________________ vs State Of Himachal Pradesh And Ors on 20 October, 2023
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Writ Petition No.6639 of 2023
.
Date of Decision: 20.10.2023
_____________________________________________________________________
Dr. Gita Ram Tegta ......Petitioner
Versus
State of Himachal Pradesh and Ors.
.......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Aman Thakur, Advocate vice Mr. Mohit
r Thakur, Advocate.
For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
B.C. Verma, Additional Advocates General
with Ms. Sunaina and Mr. Ravi Chauhan,
Deputy Advocates General.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
The petitioner has retired from the post of Professor and
Head of Dermatology IGMC, Shimla on 28.02.2021, on attaining the
age of superannuation, from the respondent-department.
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 28.02.2021, 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 28.02.2021 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 20, 2023 (Sandeep Sharma),
(shankar) Judge
