Himachal Pradesh High Court
Amar Singh Prashar vs State Of Himachal Pradesh & Others on 4 August, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 8845 of 2023
Date of Decision: 04.08.2025
.
_______________________________________________________
Amar Singh Prashar .......Petitioner
Versus
State of Himachal Pradesh & others ... Respondents
______________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner: Mr. Devender K. Sharma, Advocate.
For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and
Mr. B.C.Verma, Additional Advocate
Generals, with Mr. Ravi Chauhan, Deputy
Advocate General for the respondents-
State.
_______________________________________________________
Sandeep Sharma, Judge(oral):
Vide Office Memorandum dated 25.02.2022
(Annexure P-1), Government of Himachal Pradesh, Finance
(Pension) Department, decided that the Dearness Relief (DR) at
revised rates to Himachal Pradesh Government
Pensioners/Family pensioners shall be paid w.e.f.01.01.2016.
Since the petitioner retired on 31.03.2021, he, as per aforesaid
order, was entitled to the rates of Dearness Relief applicable on
the revised basic pay at the rate of 28%(notional).
Whether the reporters of the local papers may be allowed to see the judgment?
2. Precisely, the grouse of the petitioner as has been
highlighted in the petition and further canvassed by M. Devender
.
K. Sharma, learned counsel for the petitioner, is that petitioner
herein has been paid aforesaid revised dearness relief at the
rate of 17%.
3. Though, reply filed by the respondents nowhere
suggests that petitioner herein is not entitled to dearness relief at
the rate of 28%, but it is claimed at the behest of the
respondents that since dearness relief, in terms of notification
dated 25.02.2022, was to be granted to the petitioner on notional
basis, nothing is payable to the petitioner.
4. True, it is that as per notification dated 25.02.2022,
benefit of revision of dearness relief is to be given to the
petitioner on notional basis at the rate of 28%, but firstly, that
amount is to be calculated, so that amount arrived at after the
calculation at the rate of 28% is further considered and taken into
consideration for other retiral benefits to the petitioner.
5. Petitioner herein has retired from government service
on 31.03.2021 and the revised leave encashment has been
released to him at the rate of 17% DA calculated by Accountant
General, Himachal Pradesh, in his DCRG calculation, because
the DA w.e.f..01.01.2020 to 30.06.2020 at the rate of 21%, from
01.07.2020 to 31.12.2020 at the rate of 24% and from
.
01.01.2021 to 30.06.2021 at the rate of 28% has been declared
notional by the government. So far as gratuity is concerned, it is
submitted at the behest of the respondents that gratuity has
been sanctioned by the Accountant General, Himachal Pradesh,
amounting to Rs. 10,00,000/- in the year, 2021 and further
revised gratuity is sanctioned on 31.05.2023, the total amount of
revised gratuity of the petitioner is Rs. 10,00,000/- as per
maximum limit of Rs.20,00,000/-. Pre-revised gratuity of
Rs. 10,00,000/- has been paid, whereas so far as revised
gratuity is concerned, the same has been paid as per Finance
Department Office Memorandum dated 17.09.2022, vide which it
has been notified that payment of arrears/pension and gratuity in
respect of government servant who had retired after 01.01.2016
shall be paid 20% of total arrears/gratuity as such revised
gratuity amounting to Rs. 200000/- (i.e. 20% of 1000000/- has
been paid and thus an amount of Rs. 12,000,00/- on account of
gratuity stand released out of total amount of gratuity of
Rs. 20,00,000/- and the remaining due amount of revised
gratuity amounting to Rs. 8,00,000/- has been agreed to be paid
in terms of the decision of the government.
.
6. As has been observed hereinabove, there is no
dispute with regard to receipt of Rs. 12,00,000/- on account of
gratuity as well as balance amount of Rs. 8,00,000/- which has
been agreed to be paid in terms of government instructions, but
dispute in the case at hand ,as has been raised by the petitioner
in the instant petition, is that respondent ought to have
considered his dearness relief at the rate of 28%. Afore amount,
though, is not required to be released to the petitioner on
account of its being granted on notional basis, but certainly
amount calculated shall be taken into consideration for other
benefits i.e. leave encashment, gratuity and commutation etc..
7. Consequently, in view of the above, the present
petition is allowed and letter dated 31.05.2023 (Annexure P-2), is
quashed and set-aside. The respondents are directed to
calculate the dearness relief of the petitioner at the rate of 28%
in terms of notification dated 25.02.2022 (Annexure P-3) on
notional basis, and thereafter, the calculated amount may be
taken into consideration for calculation of other retrial benefits.
The needful shall be done by the respondents within a period of
two weeks. Pending applications, if any, also stand disposed of.
.
(Sandeep Sharma),
Judge
August 04, 2025
(shankar)
r to
