Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8575 of 2025 Date of Decision: 15.09.2025 _______________________________________________________ Karam Chand …….Petitioner Versus State of Himachal Pradesh & Ors.
… Respondents
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. B. Nandan Vashista, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. Mr. Rangil Singh, Advocate, for respondent No.5. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who has retired as Patwari from the office of Tehsildar at Ghalian, District Kangra, Himachal Pradesh on 29.02.2024, is aggrieved by non-grant of retiral benefits. Though more than one year has passed, but till date petitioner has not been paid retiral benefits i.e. pension, DCRG, leave encashment and 1Whether the reporters of the local papers may be allowed to see the judgment?
2 commutation, as such, he has approached this Court in the instant proceedings, praying therein for the following main reliefs:-
“i) Issue directions to the respondents to take immediate necessary steps for the fixation of pension of the petitioner which has been arbitrarily and illegally delayed for more than one year without assigning any reason to the petitioner and to which the petitioner is legally entitled after retirement. ii) Issue direction to the respondent No.1 to release the retiral benefits of the petitioner of DCRG (gratuity), leave encashment and commutation of pension with further prayer to make payments of subsistence allowance during the suspension period from 2.9.2023 to 27.2.2024 and also release benefits of one increment due on 1.9.2023 alongwith 9% interest per annum on entire due amount till the date of actual payment to the petitioner.”
2. Pursuant to notices issued in the instant proceedings, respondents No.1 to 4 have filed reply, wherein facts, as have been detailed in the petition, which are duly supported by an affidavit, have been fairly admitted. It has been averred in the preliminary
submissions that there is no express denial of retiral benefits, but only on account of some administrative process, delay in processing the case has occurred.
3.
Learned counsel for the petitioner fairly states that though during pendency of present petition, case of the petitioner for pension has been processed and sent to the office of Accountant
3 General, but he states that since there is inordinate delay in processing the case, on account of non-grant of retiral benefits from due date, petitioner has suffered huge loss, this Court, while passing appropriate orders, may also direct the respondents to pay interest on account of delayed payment.
4. Mr. Rangil Singh, learned counsel representing the respondent/Accountant General, states that pension payment order, thereby authorizing pension shall be issued expeditiously.
5. Having taken note of fact that pension papers stand processed and the same stands received in the office of Accountant General, Himachal Pradesh, this Court deems it fit to dispose of the present petition with a direction to the respondents-Accountant General to ensure that Pension Payment Order is issued in favour of the petitioner expeditiously, preferably within two weeks. Ordered accordingly. The moment, Pension Payment Order order is issued, respondents-State shall be under obligation to release the retiral benefits i.e. pension, DCRG and leave encashment expeditiously, preferably within two months, failing which petitioner would be entitled to interest @ 6% from the date such amount fell due. Besides above, respondents would also be under obligation to pay interest @ 6% on
4 account of delayed payment from the date such amount fell due. Pending application(s), if any, stand disposed of.
(Sandeep Sharma), Judge September 15, 2025 (Sunil)