Himachal Pradesh High Court
Kesar Singh vs Himachal Road Transport Corp. & Others on 10 January, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP No.10685 of 2023
Decided on: 10th January, 2024
.
____________________________________________________
Kesar Singh ....Petitioner
Versus
Himachal Road Transport Corp. & others
....Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
For the petitioner : Mr. Ashok Kumar,Adv.
For the respondent : Mr. Dheeraj Kumar Vashishat,
Advocate.
Ranjan Sharma, Judge (Oral)
Notice. Mr. Dheeraj Kumar Vashishat, learned
counsel, 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
Whether reporters of Local Papers may be allowed to see the judgment? Yes
view of the order(s) intended to be passed herein.
3. The petitioner, having retired from the post of
Sub-Inspector on 31.10.2020 from Himachal Road
.
Transport Corporation, has filed the instant writ petition,
with the following prayer:-
"i). That respondent may kindly be directed
to consider the case of the petitioner for
granting the arrears of revised pension/
family pension/gratuity as per their own
office order within a time bound manner with
up to date interest.
ii). That respondent may kindly be directed to
Revise the Leave Encashment of the petitioner
on the basis of last pay drawn as now has
been re-fixed and to make the payment
with interest within a time bound manner."
4. Case of the petitioner is that consequent upon
the issuance of the Himachal Pradesh Civil Services
(Revised Pay) Rules dated 03.01.2022, revising the pay
scales to State Government Employees w.e.f. 01.01.2016
and the Office Memorandum dated 25.02.2022 giving the
revised pension, revised gratuity, revised leave
encashment and revised commuted pension for State
Government Employees, who retired/died on or after
01.01.2016, the Respondent-Corporation issued its own
Office Memorandum on 01.08.2022 giving the revised
.
pay scales and revised retiral benefits to the employees of
the Corporation w.e.f. 01.01.2016. In this background,
the petitioner is claiming benefits of (i) the arrears of
revised pay w.e.f. 01.01.2016 till the date of
superannuation; and (ii) the revised retiral benefits i.e.
Revised Pension,
r Revised Gratuity, Revised Leave
Encashment and Revised Commuted Pension along
interest thereon.
5. Learned counsel further submits that firstly,
respondents have not released the arrears of pay for the
period w.e.f. 01.01.2016 to 28.02.2023 as yet; secondly, the
respondents have neither released the Revised Benefits i.e.
Revised Leave Encashment, Revised Commuted Pension,
Revised Gratuity under the C.C.S. (Pension) Rules, 1972;
nor the arrears of Revised Pension for the period w.e.f.
01.03.2023 to the petitioner till day.
6. Learned counsel for the petitioner has placed
reliance, on the judgment passed by this Court, in
CWP No.5651 of 2023, tilted as Dr. Sunil Kumar
Chandel and others Versus State of Himachal Pradesh
.
and others, 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, 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. Dheeraj Kumar
Vashishat, learned 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 Petition,
which is pending listing/hearing.
8. Faced with this situation, learned counsel for
the petitioner, on instructions, submits that the
petitioner shall be satisfied, in case, this Court permits
him to make a representation for claiming above benefits.
The prayer being innocuous, is not opposed and needs to
be granted.
9. Accordingly, in the peculiar facts and
circumstances, and as per the request so made, this
Court permits the petitioner to make fresh representation
to Respondent-Managing Director, Himachal Road
Transport Corporation, Shimla, giving all details
material-particulars, within two weeks from today; with
further directions to aforesaid respondent to
consider/examine the claim(s) of the petitioner the light
of existing norms/rules and Law and also to keep in view
the judgment passed by this Court in the case of Bhagat
.
Ram and Amita Gupta (supra); and then to pass the
appropriate orders, within six weeks thereafter.
10. Needless to say that, this Court has not
adverted to the merits of the matter and all questions
of facts and law are left open.
In the aforesaid terms, the instant writ petition
as well as the pending miscellaneous application(s), if
any, shall also stand disposed of.
(Ranjan Sharma)
Judge
January 10, 2024
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