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2025 DAILYLAW 14456 (HP)

VIJAY KUMAR v. THE MC SHIMLA AND OTHERS

CWP/8118/2025 · 2025-05-20

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8118 of 2025 Decided on: 20th May, 2025 ------------------------------------------------------------------------------------- Vijay Kumar …..Petitioner Versus Municipal Corporation, Shimla & Ors. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Sohail Khan, Advocate. For the Respondents: Mr. Deepak Sharma, Advocate, for respondent No.1. Mr. Rajat Choudhry, Assistant Advocate General, for respondent No.2. Mr. Rajesh Kosh, Advocate, for respondent No.3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Deepak Sharma, learned counsel, Mr. Rajat Choudhry, learned Assistant Advocate General and Mr. Rajesh Kosh, learned counsel, appear and waive service of notice on behalf of the respective respondents. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. The writ petition has been filed for the grant of following substantive reliefs:- “i. That issue an appropriate writ, order or directions directing the respondent to re-calculate the pension of the petitioner in accordance with rules 49 of the CCS (Pension) Rules, 1972, on the basis of the pay drawn by the petitioner and the pension order passed on 22.04.2025 directed to be modified. ii. That the respondents herein may kindly be directed to pay arrears of pension and all other pensionary benefits with interest of 9% per annum from 01.09.2023 till the date of actual payment.” 4. Learned counsel for the petitioner submits that the petitioner has preferred a representation to the respondents on 21.04.2025 (Annexure P-3) for claiming the above reliefs. Learned counsel further submits that the petitioner would be content in case the respondents/ competent authority(s) are directed to decide the aforesaid representation within a fixed time schedule. Learned counsel appearing for the respondents are not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with direction to the respondents/ competent authority to consider and decide the aforesaid representation of the petitioner dated 21.04.2025 (Annexure P-3) in accordance with law within a period of six 3 weeks from today. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 20, 2025 Judge Mukesh