Himachal Pradesh High Court
Savita Kumari vs State Of H.P. & Ors on 6 September, 2023
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP Nos. 4986,5444,5445,5448,5449, 5451, 5919, 5442, 5526,
.
5006, 5021,5118, 5189, 5190, 5319, 5376, 5563,5564, 4510,4697,
4698,4699, 5011, 5014, 5015, 5016, 5017, 5641, 5931,6042,6043,
4533, 4610/2023, CWP Nos.116 & 616/2021 and CWP Nos.1139,
4463 & 646/2020
Decided on: 06.09.2023
CWP No.4986/2023
Savita Kumari ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5444/2023
Dhani Devi ...Petitioner
r Versus
State of H.P. & Ors. ....Respondents.
CWP No.5445/2023
Hari Priya ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5448/2023
Damayanti Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5449/2023
Sheetla Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5451/2023
Daksha Sharma ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5919/2023
Lajja Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
______________________________________________________
CWP No.5442/2023
Adarsh Kapoor ...Petitioner
.
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5526/2023
Nirmal Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5006/2023
Rattani Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5021/2023
Promila Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5118/2023
Urmila Rana ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5189/2023
Salochna Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5190/2023
Kamla Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5319/2023
Sandhya Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5376/2023
Kauran Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5563/2023
.
Saroj Kumari ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5564/2023
Santosh Kumari ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.4510/2023
Kamlesh Kumari
State of H.P. & Ors.
CWP No.4697/2023
r to
Versus
...Petitioner
....Respondents.
Sunita Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.4698/2023
Sushma Kumari ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.4699/2023
Sita Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5011/2023
Lata Devi ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No. 5014/2023
Prem Lata ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5015/2023
Anju Kumari ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
.
CWP No.5016/2023
Naresh Kumari Sharma ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5017/2023
Shakti Pathania ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No. 5641/2023
Shakuntla Sharma ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.5931/2023
Jatindra ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.6042/2023
Vidya Minhas ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.6043/2023
Danavati ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No.4533/2023
Beasa Devi & Ors. ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
CWP No.4610/2023
Khema Devi & Ors. ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
CWP No.116/2021
.
Tara Kumari ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
CWP No.616/2021
Sheela Devi & Ors. ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
CWP No. 1139/2020
Kamla Sharma ...Petitioner
Versus
State of H.P. & Ors.
r ....Respondents.
CWP No.4463/2020
Kiran Devi & Ors. ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
CWP No.6461/2020
Veena Dhiman & ors. ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Adarsh K. Vashistha, Mr.
Lovneesh Kanwar, Sr.
Advocate with Mr. Tek Chand,
Mr. Vishwa Bhushan, Mr.
Narender Guleria, Mr.
Loveneesh Thakur, for the
petitioners in the respective
petitions.
Whether reporters of the local papers may be allowed to see the judgment? yes
For the respondents : Mr. Anup Rattan, Advocate
General with Mr. Rajat Chauhan,
Law Officer, for the
respondents/State in all the
.
petitions.
Mr. Tara Chand Chauhan, Mr.
Rangil Singh and Mr.
Chitranajan Sharma,
Advocates, for the
respondents/Accountant
General.
Jyotsna Rewal Dua, J
All these petitions are centered around common facts
and have been filed with almost similar grievances & prayer, hence,
are taken up together for adjudication.
2. Common case set up by the petitioners in these
petitions is that the petitioners were engaged as Nursery Trained
Teacher (NTT) in the respondent-department. On 02.02.1999,
respondent-State decided to regularize the services of Nursery
Trained Teacher (NTT) on completion of 5 years of service instead of
10 years. Transferred Application No.2828/2015 instituted by certain
NTTs was decided by the erstwhile H.P. Administrative Tribunal on
13.09.2018 directing the respondents-State to regularize the services
of the petitioners therein on completion of 5 years of service. This
decision was assailed by the respondents-State by filing CWP
No.3544/2019. The writ petition was dismissed on 06.11.2020. The
respondents-State thereafter set out to implement the decision in
question. Office order dated 03.03.2022 was issued. All the
.
petitioners have been extended the benefit of the decision. Their
services have been regularized from different dates of the years
2002-2003. Revised seniority numbers were issued to the petitioners.
All the petitioners now stand retired from service on attaining the age
of superannuation.
3. Petitioners' grievance in the instant petitions is that till
date the respondents have not released them their due pensions.
When the matters were taken up on 03.08.2023, learned counsel for
respondent No.4 i.e. Accountant General (A&E) Shimla, H.P. pointed
out certain procedural difficulties on account of instructions of the
Finance Department in releasing due and admissible pension to the
petitioners. For ironing out the creases, Senior Officers of the
concerned departments including the Finance and Education
Departments attended the hearing of the case on 11.08.2023 and
assured that all necessary action for releasing due and admissible
monetary benefits to the petitioners would be taken by them.
Following order was passed in the matter on 17.08.2023:-
"On 16.08.2023, learned Additional Advocate General had placed
on record a copy of instruction memo dated 14.08.2023 issued by
Director of Elementary Education inter alia stating as under:-
"In this context, it is submitted that the Finance
Department has conveyed its clarification sought by
the Accountant General (A&E), HP vide their letter
No.Fin(C)B(15)-21/2020-Loose dated 11.08.2023
to the Deputy Accountant General (Pension) with
.
request to finalized pension cases of NTT
Teachers.
It is further submitted that all the Deputy Directors
of Himachal Pradesh have also been directed vide
letter dated 14.08.2023 (Copy Enclosed) to submit
all pension cases pertaining to NTT Teachers to the
O/o Accountant General, HP as per the clarification
of the Finance Department and follow up these
cases from the O/o Accountant General, H.P. "
2. The respondents/State had also placed on record a copy
of office letter dated 11.08.2023 from the Finance Department
addressed to the office of Deputy Accountant General stating as
under:-
"I am directed refer to your office letter no. Pen-
1/C/-1/ clarification/NTT/2023-21/528-29 dated
05.07.2023 on the subject cited above and to say
that the Finance Department confirms that the
following, advice had been accorded/conveyed to
the AD (Education Department) in the matter of
CWP No. 3544/2019 & COPCT No. 758/2020 titled
as State of HP Vs. Surendra Sharma and others,
on 11th May, 2023.
"Examined in the Finance Regulations Department.
The CMM vide decision dated 20.12.2021 has
already approved to implement the Court decision
dated 13.09.2018 of the erstwhile HPAT rendered
in the TA No 2828/2015 & decision dated 6.11.2020
of the Hon'ble High Court, rendered in CWP No.
3544/2019 in view of the Government letter dated
2.2.1999. The Law Department has also advised
.
the A.D. to implement the court decisions vide N-7
to N-13 of the AD's notes.
Hence, to settle issue, until otherwise the
department has grounds to contest the matter in
the Hon'ble Apex Court, the Finance Department
agrees to grant consequential benefits to the
petitioners in aforesaid writ petitions as per
directions passed in the Court decision. However,
non-petitioners can be granted benefits on notional
basis in terms of Government letter dated
15.12.2011 read with letter dated 7.1.2012.
It is requested that AG Office may finalize pension
cases of NTT as per above advice in accordance
with orders of Hon'ble High Court. The same has
been conveyed by Education Department, also to
your goodself vide their letter dated June 2023."
3. Learned counsel for respondent No.4 i.e. Accountant
General (A&E) Shimla submit that all necessary action at the end
of Accountant General's office including sanctioning the PPOs as
well as authorizing payment of Pension & arrears of Pension shall
be carried out within 10 days from today. The statement is taken
note of.
4. Learned Deputy Advocate General submits that within a
week thereafter all monetary benefits due and admissible to the
petitioners including the pension/arrears etc. will be credited in
their respective bank accounts.
5. In light of above statements of learned counsel for the
respondents, list on 06.09.2023 to oversee the compliance."
4. Today, when the matters were taken up, Learned
counsel appearing for respondent No.4 (A&E) Shimla, H.P.
submitted that the cases of all these petitioners are under process in
the office of Accountant General. Pension Pay Orders in cases of
.
individual petitioners, in these petitions shall be sanctioned, prepared
and dispatched within outer range of 2 weeks from today. Pension
Pay Orders of all these petitioners shall be dispatched to the
concerned Drawing and Disbursing Officer (DDOs'), District Treasury
Officers (DTOs') as well as the petitioners latest by 25.09.2023.
Their statements are taken on record,
5. Since respondent No.4 has now not only undertaken to
sanction the PPO orders in favour of the petitioners but has also
assured that the same shall be dispatched to all concerned quarters
i.e. the concerned District Treasury Officers (DTOs), Drawing and
Disbursing Officer (DDOs) as well as to the petitioners in individual
cases, there shall be direction to the concerned DTOs' & DDOs'
through learned Law Officer to do the needful i.e. to take all
necessary follow up action for releasing the due and admissible
pension to all the petitioners in each of these cases within a period of
two weeks from the date of receipt of Pension Pay Order. The
petitioners through their learned counsel are also directed to
complete all requisite formalities, if any required at their end. The
needful shall be done by them within the aforesaid time-line. Due &
admissible pension be paid & released to the petitioners within the
above period.
These petitions are disposed of in above terms. Pending
application(s), if any, also stand disposed of accordingly.
.
Jyotsna Rewal Dua
Judge
06th September, 2023 (Rohit)
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