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2025 DAILYLAW 11685 (HP)

KARAM SINGH CHAUHAN v. STATE OF HP AND OTHERS

CWP/4244/2024 · 2025-04-09

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4244 of 2024 Decided on: 9th April, 2025 ------------------------------------------------------------------------------------- Karam Singh Chauhan …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Ranjana Pathania, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:- “(i) That the respondents may kindly be directed to pay the arrears of revision of pay scale w.e.f. 01.01.2016 to 01.11.2016 with interest @ 9% per annum from the due date till the date of its realization. (ii) The respondents may also be directed to pay full revised gratuity (DCRG), leave encashment and balance commuted value of pension to the petitioner alongwith interest @ 9% per annum which has been calculated vide Annexure P-2 dated 30.01.2023 till the date of its realization.” 2. Learned Deputy Advocate General had placed on record instructions on 29.08.2024, conveying that first 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 installment of DCRG amounting to Rs.24,350/- (20%), pay arrear first installment amounting to Rs.50,000/- and Leave Encashment amounting to Rs.77,300/- (entire amount) have been paid to the petitioner. 3. Following order was passed in the matter on 04.11.2024:- “Learned Additional Advocate General has placed on record instructions from the Director, Elementary Education to the effect that revised value of commutation of pension amounting to Rs.8,03,214/- has been approved by the Accountant General of Himachal Pradesh with directions to the District Treasury Office, Mandi, to arrange the payment of commuted value of pension to the petitioner. Instructions are also to the effect that the revised commuted value of pension is now to be released in favour of the petitioner by the District Treasury Office, Mandi. Matter was passed over to enable learned Additional Advocate General to have instructions from the District Treasury Office, Mandi, however, no instructions have forthcome. At the request of learned Additional Advocate General, list the matter on 08.11.2024 to enable him to have instructions as to why the commuted value of pension as approved by the Accountant General has not been released in favour of the petitioner.” 4. In sequel to several orders passed in the matter subsequently, learned Deputy Advocate General has placed on record instructions memo dated 08.04.2025 from the District Treasury Officer, District Mandi, conveying that as per the instructions/circulars in force concerning release of revised pay scales w.e.f. 01.01.2016, there is no specific 3 order for payment of commutation value to the retirees of the State Government. Hence, at present, payment of commutation value to the petitioner, a pensioner, cannot be made. 5. Learned counsel for the petitioner submits that in view of above instructions, these proceedings be closed at this stage with liberty reserved to the petitioner to seek appropriate remedy for the redressal of his surviving grievances in accordance with law at an appropriate stage, in case need so arises in future. Granting such liberty, the present writ petition is disposed of. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua April 09, 2025 Judge Mukesh