Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9107 of 2025 Date of Decision: 02.06.2025 _____________________________________________________________________ Gayatri ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. M.A.Safee, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. Ms. Komal Chaudhary, Advocate, for respondent No. 2. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs:
“(i) That the Writ in the nature of Mandamus may kindly be issued directing the Respondents to extend the benefit of pension and other pensionary benefits under CCS Pension Rules along with all consequential arrears, more specifically in view of the judgment laid down by this Hon'ble Court and the Hon'ble Apex Court in catena of cases.
(ii) That the Respondents be directed to release the arrears of Pension and Other Pensionary Benefits @ 9% P.a.”
2.
Learned counsel for the petitioner, while inviting attention of this Court to order dated 27/30.05.2024 (Annexure P-4) issued under the signatures of Dy.Director of Higher Education, Bilaspur, District Bilaspur, Himachal Pradesh, states that though taking note of representation filed by the petitioner, judgment passed by this Court and clarification dated 28.04.2023 issued by the Government of Himachal Pradesh, thereby clarifying that petitioner shall be deemed to have been retired from the date, when she attained the age of 60 years i.e. 31.03.2017, but till date aforesaid period of two years has not been taken into consideration for working out payable pension, as a result thereof, petitioner is on the verge of starvation. He further states that petitioner has already deposited the amount received by her under NPS, but yet on one pretext or the other, her pension is not being released.
3.
Learned counsel representing the respondents having taken note of office order dated 27.05.2024 (Annexure P-4) fairly states that though no monetary benefits can be granted to the petitioner for her having rendered service till her attaining the age of 60 years, but certainly such period is required to be taken into consideration for the purpose of pension. 2
4. Learned Deputy Advocate General having perused aforesaid communication fairly states that needful in terms of afore communication, if not already done, shall be done expeditiously. Similarly learned counsel representing the respondent-Accountant General states as and when pension papers of the petitioner are received from the respondent-department, pension shall be authorized expeditiously.
5. Consequently, in view of the above, present petition is
disposed of with a direction to Director, Higher Eduction to ensure that order dated 27/30.05.2025 (Annexure P-4) is complied with expeditiously, preferably within a period of four weeks so that pension is payable to the petitioner is paid at the earliest. As and when the pension case papers are received by the office of the Accountant General, same shall be cleared within two weeks. Liberty is reserved to the petitioner to file appropriate proceeding in appropriate Court of law, if she still remains aggrieved. Pending applications, if any, stand
disposed of. June 02, 2025 (Sandeep Sharma), (sunil)
Judge 3