Himachal Pradesh High Court
Kishori Lal & Others vs State Of H.P. & Anr on 1 January, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP No.10929 of 2023
Decided on: 1st January, 2024
__________________________________________________________
.
Kishori Lal & Others
....Petitioners
Versus
State of H.P. & Anr.
......Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
of
1 Whether approved for reporting?
For the petitioner: Mr. Tarun K. Sharma and Mr. Ranbir
rt Rathore, Advocates.
For the respondents: Mr. Ravi Chauhan, Deputy Advocate
General.
Ranjan Sharma, Judge (Oral)
Notice. Mr. Ravi Chauhan, learned Deputy
Advocate General appears and waives service of notice on
behalf of the respondents.
2. With the consent of the parties, the instant writ
petition is taken up for disposal, at this stage, in view of the
order(s) intended to be passed herein.
3. The petitioner(s), have filed the instant writ
petition, with the following prayer(s):-
Whether reporters of Local Papers may be allowed to see the judgment?
i) That the respondents may kindly be
directed to grant the benefits of revision of
Pension, Gratuity, Commutation of
Pension and other retiral dues w.e.f.
.
01.01.2016 in view of office memorandum
dated 25.2.2023.
ii) That the respondents may kindly be
directed to pay revised gratuity (DCRG),
and leave encashment to the petitioner
alongwith interest @ 9% per annum w.e.f.
of
01-01-2016 to till the date of its
realization."
4.
rt
Case of the petitioner(s) is that the respondents-
State issued the Himachal Pradesh Civil Services (Revised)
Pay Rules, 2022, as per Notification dated 3rd January, 2022,
revising the pay scales of employees w.e.f. 01.01.2016; and as
per Notification dated 25.02.2022 the Respondents decided to
give retiral benefits to its pensioners w.e.f. 01.01.2016
onwards.
5. Learned counsel further submits that firstly,
respondents have not released the arrears of pay as yet;
secondly, as per Notification dated 25.02.2022, the
respondents have not released the Revised Benefits i.e.
Revised Leave Encashment, Revised Commuted Pension,
Retiral Benefits and Revised Pension for the period w.e.f.
01.01.2021 to the petitioner till day; and thirdly, the
petitioners are entitled for interest @ 6% or such other rate of
.
interest on delayed payment of aforesaid claims-dues benefits
from due date till realization.
6. Learned counsel for the petitioners has placed
reliance, on the judgment passed by this Court, in
of
CWP No.5651 of 2023, tilted as Dr. Sunil Kumar Chandel
and others Versus State of Himachal Pradesh and others,
rt
decided on 26.09.2023, CWP No.7895 of 2023, titled as
Krishan Lal & others Versus State of H.P. & others,
decided on 18.10.2023. He also placed reliance on the
judgment passed by the Division Bench of this Court in
CWP No.7359 of 2021, titled as Amita Gupta Versus State
of Himachal Pradesh and others, decided on 01.12.2022,
granting the revised leave encashment on the basis of revised
pay. He further submits that the judgment in case of Amita
Gupta (supra) stands implemented and in CWP No.2108 of
2023 titled as Bhagat Ram Versus Himachal Road
Transport Corporation and others, decided on
31.05.2023, Annexure P-3, whereby this Court has mandated
the respondents therein to release the arrears of pay as well
as revised retiral benefits along with arrears with interest @
6% per annum from the due date till its realization.
.
7. On the other hand, Mr. Ravi Chauhan, learned
State Counsel appearing for the respondents submits that the
judgment in case of Bhagat Ram (supra) has not attained
finality, as the HRTC-Respondent therein has filed a Review
of
Petition, which is pending listing/hearing.
8. Faced with this situation, learned counsel for the
rt
petitioners, on instructions, submits that the petitioners shall
be satisfied, in case, this Court permits them to make a
representation for claiming above benefits. The prayer being
innocuous, is not opposed and needs to be granted.
9. Accordingly, as prayed for, by the learned counsel
for the petitioners, this Court permits the petitioners to make
a fresh representation either jointly or separately, to
respondent No.2-Director, Directorate of (Higher Education),
Himachal Pradesh within three weeks from today, in
continuation of representation dated 05.09.2023 (Annexure
P-2); with further directions to the aforesaid respondent to
examine/consider the matter and to pass appropriate orders,
in accordance with law, within four weeks thereafter. Ordered
accordingly.
10. Needless to say that, this Court has not
.
adverted to the rival contentions and merits of the matter
and all Questions of facts and law are left open.
In aforesaid terms, the writ petition as well as
the pending miscellaneous application(s), if any, shall also
of
stand disposed of, accordingly.
(Ranjan Sharma)
rt
1st January, 2024
Judge
(himani)
