Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 1491 (HP)

PREM CHAND v. THE CHAUDHARY SARWAN KUMAR HP KRISHI VISHWAVIDYALAYA PALAMPUR AND OTHERS

CWP/11787/2025 · 2026-04-08

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.11787 of 2025 Decided on 08th April, 2026 Prem Chand …Petitioner Versus The Chaudhary Sarwan Kumar HP Krishi Vishwavidyalaya Palampur …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Naveen K. Bhardwaj, Advocate. For the respondents: Mr. Janesh Mahajan, Advocate, for respondents No.1 and 2. Mr. Pushpinder Jaswal, Additional Advocate General, for the respondent- State. Ms. Komal Chaudhary, Advocate, for respondent No.4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- “That the respondents department may kindly be directed to regularize the service on the completion of 8 years and to release all the service benefits related to superannuation such as pension, leave encashment, gratuity etc. to the petitioner from due date alongwith up-to- date interest.” 2 2. On the last date of hearing, the following order was passed:- “Confronted with the issue as to how the petitioner can file a belated petition claiming regularization etc., of completion of eight years of service, learned counsel for the petitioner submits that the petitioner shall be confining the petition qua prayer of release of pensionary benefits and other relatable benefits, the petitioner may be entitled to post superannuation. His statement is taken on record. Learned counsel for the respondent- University submits that without prejudice to its contention, the University is willing to release provisional pension in favour of the petitioner subject to the petitioner depositing the NPS amount with the respondent-University and further subject to the deposition of the contributory pension scheme amount which has to be made good by the Sub Divisional Magistrate concerned. Learned counsel for the petitioner and learned Additional Advocate General to have instructions in the backdrop of the submissions by Mr. Janesh Mahajan, learned counsel for the respondent-University. List on 08.04.2026.” 3. Learned counsel for respondents No.1 and 2 has handed over pension payment order of the petitioner which is taken on record. A perusal thereof demonstrates that provisional pension has now been ordered to be released in 3 favour of the petitioner subject to the conditions mentioned therein. 4. The petition is, accordingly, disposed of with the direction that let the provisional pension be paid to the petitioner and after the completion of formalities, let routine pension be paid to the petitioner, once its share stands deposited by the borrowing department with the University. 5. As far as the NPS contribution to be recovered from the petitioner is concerned, learned counsel for the petitioner submits that the retirement gratuity, leave encashment and other pensionary emoluments which are payable by the respondent-University to the petitioner may be adjusted towards the same. 6. Respondents No.1 and 2 are, accordingly, directed that they may adjust the retirement gratuity, leave encashment and any other retiral benefit, which is payable to the petitioner and thereafter, if any, balance remains towards NPS contribution by the petitioner, then, he will deposit the same within some reasonable time. The borrowing Department will definitely deposit the share with the respondent-University 4 within six weeks from today. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge April 08, 2026 (Vinod)