IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 15151 of 2024 Decided on 23rd June, 2026 Sh.Lila Dhar Sharma Petitioner. Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: M/s. Neeraj Kumar Shashwat & Dixit Saotra, Advocates. For the respondents: Mr. Pushpender Jaswal, Additional Advocate General, for respondents No.1 to 3. Mr. Tek Chand, Advocate, for respondent No.4. Mr. Anil Kumar God, Advocate, for respondent No.5. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “a) Issue a writ of mandamus or any other appropriate writ, order, or direction to the respondents, commanding them to forthwith process and sanction the pension case of the petitioner's wife under the old pension scheme, with all consequential benefits; b) Direct the respondents to pay all arrears of pension and other retirement benefits to the legal heirs of the petitioner's wife from the date of her retirement i.e. 31.12.2016 till the date of her demise i.e. 25.10.2023, along with interest at the rate of 18% per annum; c) Direct the respondents to immediately commence the payment of family pension to the eligible family members of the petitioner's wife from the date of her demise onwards, with all arrears and interest thereon; d) Direct the respondents to pay compensation to the legal heirs of the petitioner's wife for the mental agony and financial hardship caused due to the inordinate delay in processing the pension case; e) Direct the respondents to take appropriate disciplinary action against the erring officials responsible for the delay in processing the petitioner's wife's pension case.” 2. When this case was listed on 25.5.2026, the following order was passed: The petitioner, herein is the husband of deceased Smt. Tripta Devi, who retired from Nagar Panchayat, Sarkaghat, Distt. Mandi, H.P in the year 2016 and has since passed away. The petitioner is seeking the pensionery benefits, to which, his late wife was entitled to and for which, she was fighting during her life time. Record demonstrates that the services of the petitioner were regularized w.e.f. 01.04.2002 as a Clerk and the petitioner continued to serve the respondent Nagar Panchayat, till she retired on 31.12.2016. The above facts demonstrates that the late wife of petitioner had put in almost 14 years of service on regular basis, when she retired. In these circumstances, this Court is of the considered view that the ground, on which, pensionery benefits, to which his wife was entitled to from the date of superannuation till her death, is being denied, is not sustainable in the eyes of law. The reasons mentioned in Annexure R-5/reply appended with the reply filed by the Nagar Panchayat Sarkaghat do not justify withholding of the pension, for the reason that as far as the late wife of the petitioner is concerned, her regularization against the post of clerk retrospectively w.e.f. 01.04.2002 had attained finality. Learned Deputy Advocate General to have instructions that why needful is not being done. List on 23.06.2026.” 3. Today, learned Additional Advocate General has handed over instructions received from Director, Urban Development, Himachal Pradesh issued to Executive Officer, 2 Municipal Council, Sarkaghat, District Mandi, H.P., dated 23rd June, 2026, which read as under: “With reference to the Ld. A.G. letter No. CWP 15151/2024 dated 26.05.2026 and in-continuation to this office letter of even number dated 18.10.2025, on the subject cited above. In this regard, it is intimated that earlier vide this office letter dated 07.10.2017, the directions were issued to you to comply with the judgment dated 10.08.2017 passed in OA(M)No. 320/2017-titled Tripta Devi Vs State of HP. & Ors by the Erstwhile Administrative Tribunal on the analogy of benefit(s) granted by MC Shimla in CWP No. 2415/12-Mathu Ram Vs State of H.P. and others etc., but till date nothing has been received in this matter. Further, the husband of late Smt. Tripta Devi has filed CWP No. 15151/2024 with the prayer to direct the respondents to process and sanctioned pension case of petitioner's wife under old pension Scheme with all consequential benefits etc. The above CWP was listed recently for hearing on 25.05.2026 when the Hon'ble High Court have after going through the reply filed by the Respondent No. 4 ie. Executive Officer, MC Sarkaghat and pleased to observe that "The reasons mentioned in Annexure-R-5/reply appended with reply filed by the Nagar Panchayat, Sarkaghat do not justify withholding of the pension, for the reason that as far as the late wife of the petitioner is concerned her regularization against the post of clerk retrospectively w.e.f.01.04.2002 had finality.” In pursuance to ibid order vide letter dated 19.06.2025, the record of MC Sarkaghat and Nagar Panchayat, Rewalsar was called on 22.06.2026 and it has been noticed that despite comply with Erstwhile Tribunal order passed in OA(M) No. 320/17 dated 10.08.2017, earlier the matter remained under correspondence between Respondents No. 4 & 5, in the meantime the State Govt. had issued instructions dated 11.04.2018 vide which the Govt. has decided not to grant retrospective regularization benefits on the analogy of Mathu Ram case whereas Respondent No. 5 has granted aforesaid benefits vide order dated 07.08.2018 i.e. after issuance of Govt. instructions dated 11.04.2018. Now, after going through case record, it is transpired that after order dated 10.08.2017 of Erstwhile Tribunal, matter remained under process. Therefore, in the light of observations made by the Hon'ble High Court dated 25.05.2026, the petitioner is entitle to get regularization benefits on completion of 08 years of daily waged service with minimum 240 days in a each calender year on 31.03.2002 with all consequential benefits. In view of the above, it is therefore, directed that after codal formalities for processing of pension/family pension case in respect of late Smt. this office within two weeks positively and also file compliance report before the Hon'ble Tripta Devi, Clerk (Retd), MC Sarkaghat on priority basis and get the same sanction from High Court thereafter accordingly. Treat it most urgent being Court matter.” 4. In view of above, as the grievance of the petitioner stands redressed, the instant petition is disposed of with the direction that due emoluments be released now within a period of eight weeks including pension/family pension. 3 5. With the said observation, the instant petition is disposed of, so also pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge June 23, 2026 (Guleria) 4