Himachal Pradesh High Court
Narinder Chauhan vs State Of Himachal Pradesh And Others on 29 August, 2024
1
( 2024:HHC:7710 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10830 of 2023
Date of Decision : 29.08.2024
.
Narinder Chauhan ...... Petitioner
Versus
State of Himachal Pradesh and others ......Respondents
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the petitioner : Mr. Adarsh K. Vashista, Advocate.
For the respondents : Mr. Diwakar Dev Sharma, Additional Advocate
General.
Bipin Chander Negi, Judge (oral)
The petitioner has retired from the post of Assistant Director
(Legal) from the Department of Agriculture, on attaining the age of
superannuation. He has approached this Court, by way of present petition filed
under Article 226 of the Constitution of India, praying therein for the following
main relief:-
"i) That a writ in the nature of mandamus may kindly be issued
directing the Respondents to grant and allow the due and
admissible revised leave encashment, revised balance gratuity
in lump-sum and other due and admissible services benefits
payable in favour of the Petitioner as per Revised Pay Rules,
2022, alongwith arrears and interest."
Whether reporters of Local Papers may be allowed to see the judgment? Yes
( 2024:HHC:7710 )
2. Subsequent to his retirement/superannuation, Office Orders were
issued revising the petitioner' 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 arrears of revised pay with effect from 01.01.2016 to
31.12.2019, but the same, according to the petitioner, has not been paid to
him till date. This fact has not been disputed by learned Additional Advocate
General.
3. That apart, pension, gratuity, leave encashment and
commutation of pension benefits payable to the petitioner is 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
( 2024:HHC:7710 )
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 the 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 31.12.2019 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 its realization, within a
period of eight weeks from today.
All pending application(s), if any, also stands disposed of.
( Bipin Chander Negi)
August 29th, 2024 (KS) Judge
