Himachal Pradesh High Court

Decided On: 30.05.2025 vs Sh. Kanshi Ram & Another on 30 May, 2025

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                     2025:HHC:17157


    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                      CMP(M) No.507 of 2025 in
                                      LPA No.275 of 2025
                                      Decided on: 30.05.2025

The Himachal Pradesh State Electricity
Board Limited                                                   .... Applicant.
                Versus
Sh. Kanshi Ram & another                                        .... Respondents.

Coram
The Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice.
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the applicant :   Ms. Sunita Sharma, Senior Advocate, with
                      Mr. Dhananjay Sharma, Advocate.
For the respondents:         Mr. Rakesh Kumar Sharma, Advocate, for
                             respondent No.1.
                             Mr. Rakesh Dhaulta, Additional Advocate
                             General, for respondent No.2.

G.S. Sandhawalia, Chief Justice (Oral)

Caveat Petition No.703 of 2025

Allowed and discharged.

For the reasons stated in the application, which is duly

supported by the affidavit of Executive Director (Pers.), HP

SEBL, we find sufficient cause to condone the delay of one year one

month and 24 days in filing the appeal. Accordingly, the aforesaid

delay is condoned. The application stands disposed of.

Whether reporters of the local papers may be allowed to see the judgment?

2025:HHC:17157

2. Learned Senior Counsel for the appellant submits that

the petition out of which the Letters Patent Appeal has arisen was

decided alongwith other cases. The lead case was Civil Writ Petition

No.7332 of 2021, titled Lekh Raj Versus State of Himachal Pradesh

and others, decided on 09.11.2023. She submits that CWPOA

No.6757 of 2020, titled Raj Mal Versus Himachal Pradesh State

Electricity Board was also decided on 09.11.2023 alongwith the

aforesaid case.

3. She submits that LPA No.243 of 2025, titled The

Himachal Pradesh State Electricity Board Limited & another

Versus Raj Mal was disposed of on 22.05.2025 by ordering that the

matter is governed by the judgment of the Apex Court in SLP(C)

No.1091-1092 of 2023, titled Kashmiri Lal Sharma Versus

Himachal Pradesh State Electricity Board Ltd. & Anr., The

following observations were recorded:-

"3. the parties are at ad idem that the letters patent appeal (LPA), which had been filed prior to the judgment of the Hon'ble Supreme Court in SLP(C) No.1091-1092 of 2023, titled Kashmiri Lal Sharma Vs. Himachal Pradesh State Electricity Board Ltd. & anr., decided on 03.04.2025, is now to be governed by the judgment of Hon'ble Supreme Court in Kashmiri Lal Sharma's case.

4. Accordingly, we dispose of this appeal on the basis of the aforesaid judgment, which would mutatis mutandis apply to the instant appeal and the case of

2025:HHC:17157

the appellants now shall be governed by the observations as contained in paras- 21 and 22 of the said judgment, which read as under:-

"21. However, as we have held, while deciding issue I, that persons suffering from other specified disabilities could not have been denied the benefit of the OM dated 29.03.2013, we are of the view that till the date the said OM was operative, the appellant was entitled to its benefit as, admittedly, he fell in the category of employee suffering from such disabilities as are specified in the 1995 Act and the 2016 Act.

22. Accordingly, these appeals are partly allowed. The impugned judgment and order dated 28.07.2021 of the High Court dismissing the Writ Petition of the appellant is set aside. The appellant shall be entitled to the benefit of continuance in service until 04.11.2019. In consequence, he shall be entitled to full wages from 01.10.2018 to 04.11.2019, with all consequential benefits that may impact his pension."

Pending miscellaneous application(s), if any, shall also stand disposed of."

4. Learned Senior Counsel, thus submits that for present

appeal pertaining to the employee Kanshi Ram, the benefits would

have to be granted as his date of retirement is 30.09.2017 and he is

entitled for the aforesaid benefits in view of the judgment of the

Apex Court.

2025:HHC:17157

5. Mr. Rakesh Kumar Sharma, learned counsel appearing

for respondent No.1 has also pointed out that in the lead case titled

Lekh Raj Versus State of Himachal Pradesh and others, the entire

benefits have also been granted by the State Health Department.

6. Keeping in view the above, we dispose of the present