Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP Nos. 6872 & 6874/2024
Decided on: 07.01.2025 CWP No. 6872/2024 Durga Kanwar
…Petitioner
Versus State of H.P. & Ors.
.…Respondents.
CWP No. 6874/2024 Baldev Singh
…Petitioner
Versus State of H.P. & Ors.
.…Respondents. ……………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner(s): Mr. Chitranajan Sharma, Advocate.
For the respondent(s): Ms. Menka Raj Chauhan, Deputy Advocate General.
Jyotsna Rewal Dua , J These writ petitions have been filed for the grant of following common substantive reliefs:-
“(i) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay arrears of pension to the petitioner on account of revision of their pay scale 1 Whether reporters of the local papers may be allowed to see the judgment?
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by calculating the same along with interest @ 9% p.a. from the date the same became payable to the petitioner. (ii) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay balance amount of the leave encashment which became payable to the petitioner after revision of the pay scale by calculating the same along with interest @ 9% p.a. from the date it became payable to the petitioner. (iii) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay the amount of gratuity and other retiral benefits which become payable to the petitioner after revision of pay scale along with interest @ 9% p.a. from the date it became payable to the petitioner. (iv) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay arrears with respect to the commutation of pension @ 9% p.a. from the date it became payable to the petitioner.”
3.
Learned counsel for the petitioner(s) submitted that the issue raised in these petition have already been adjudicated in H.P. Secretariat & other Affiliated Pensioners Welfare Association Vs. State of H.P. & Ors.2, Surinder Singh Vs. State of Himachal Pradesh and Anr.3 and Madhu Singh & Ors. Versus State of H.P. & Ors. 4and further that the directions in the aforesaid judgments have already been implemented by the respondents-State. Learned counsel further submitted that the petitioner(s) would be content in case the respondents are directed to examine the cases of the 2CWP No. 7376/2023, decided on 22.03.2024 3CWP No. 6611/2023, decided on 19.09.2023 4CWP No.4398/2024, decided alongwith connected matters on 21.05.2024
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petitioner(s) in light of the aforesaid judgments within a fixed time schedule.
4. Learned Deputy Advocate General does not dispute the fact that similar issue as raised in the present petitions have been adjudicated in the matters of H.P. Secretariat & other Affiliated Pensioners Welfare Association2, Surinder Singh3 and Madhu Singh4. She further submitted that, however, the facts of the instant cases are required to be verified by the State as also the fact that as to whether the aforesaid judgments have attained finality or not.
5. In view of above submissions, these writ petitions are
disposed of with a direction to the respondents to consider the case of the petitioner(s) for grant of reliefs prayed for by them and verify the facts of the instant case vis-à-vis the decisions rendered in the cases of H.P. Secretariat & other Affiliated Pensioners Welfare Association2, Surinder Singh3 and Madhu Singh4, within a period of four weeks from today. In case the petitioner(s) are found to be situated similar to the petitioners in the aforesaid cases, then same benefit, as has been given to the petitioners in H.P. Secretariat & other Affiliated Pensioners Welfare Association2, Surinder Singh3 and Madhu Singh4 cases, shall be granted to the petitioner(s) in the instant cases. The decision so arrived at shall also be communicated to the petitioner(s).
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The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge 07th January 2025(rohit)