Ramesh Chauhan vs Hpsebl
2023 Latest Caselaw 17234 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                  CWP No.          : 8192 of 2023




                                                                      .
                                                  Decided on: 31.10.2023





     Ramesh Chauhan                                               ....Petitioner.

                                            Versus





     HPSEBL.                                                      ...Respondent.

     Coram





     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting? 1

     For the petitioner          :          Mr. Parkash Sharma, Advocate.

     For the respondent              :      Mr. Raj Pal Thakur, Advocate.

     Satyen Vaidya, Judge (Oral)

The petitioner, who has retired from the

post of Joint Secretary (Law) 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 respondents Board may kindly be directed to release the amount of arrears of pay and pension, leave encashment which became

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

due as a result of revision of pay scales w.e.f. 01.01.2016 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 at Annexure P-3 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 31.10.2017, 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

31.10.2017 with interest @ 6% per annum from the

due date till the date of its realization and they shall

also revise the pension, commutation, 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.

                                              (Satyen Vaidya)
    31st October, 2023                            Judge





        (sushma)