Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
COPC No. 1445/2025
Decided on: 16.04.2026 Ravinder Singh
...…Petitioner
Versus
Dr. Abhishek Jain & Anr. …….Respondents. ……………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner : Ms. Rashmi Parmar, Advocate. For the respondents :
Mr. Y.P.S. Dhaulta, Additional
Advocate General
Jyotsna Rewal Dua, J.
Following detailed order was passed in this matter on 20.03.2026: -
“Despite grant of final opportunity on 07.01.2026, the judgment rendered on 31.07.2024, has still not been implemented, wherein following directions were issued:-
“5. In this view of the matter as this issue is no more res integra that even a Class-III employee is entitled for the benefit of the judgments of the Hon’ble Supreme Court of India in Sunder Singh’s and Balo Devi’s case, as has been held by the Hon’ble Division Bench of this Court in LPA No. 196 of 2022, titled Roop Lal Vs. State of H.P. & Ors., decided on 11.10.2023, this writ petition is disposed of with the direction that the case of the petitioner for pension be considered by the Department keeping in view the law laid down by Hon’ble Supreme Court of India in Sunder Singh’s and Balo Devi’s case but monetary benefits will be available
1 Whether reporters of the local papers may be allowed to see the judgment? to the petitioner only after 01.01.2018. Annexure P-4 is hereby quashed and set aside. Pending miscellaneous application(s), if any, also stand disposed of accordingly.”
Learned Deputy Advocate General has placed on record office instructions dated 19.03.2026 from the Engineer-in-Chief, HPPWD, Shimla, practically expressing inability to implement the directions at present. Since the judgment in question has still not been implemented, at the request of learned Deputy Advocate General, two weeks’ further time is granted to the respondents by way of yet another final opportunity at costs of Rs.10,000/- to be paid to the petitioner on the next date of hearing. List on 16.04.2026. It is made clear that in case the judgment remains unimplemented by the next date, the respondents shall remain present in the Court on the date fixed.”
2. Pursuant to above, learned Additional Advocate General has placed on record a copy of office instructions dated 10.04.2026 from the Executive Engineer Dharamshala Division HPPWD Dharamshala, conveying passing of consideration order in the pension case of the petitioner of the even date.
Consideration/Office order dated 10.04.2026 issued by the Engineer-in-Chief HPPWD Shimla has also been made part of the office instructions. Under the said order, petitioner’s claim has been allowed for pension/family pension subject to the outcome of the curative petition statedly filed by the respondents-State in Balo Devi & others Versus State of
Himachal Pradesh and others2. The Executive Engineer Dharamshala Division HPPWD Dharamshala has been directed by the Engineer-in-Chief Public Works Department to take all necessary steps for extending the benefits of the above decision in favour of the petitioner subject to the outcome of the review petition filed by the respondents-State in Roop Lal vs. State of H.P. & Ors.3
Taking note of the above, the present proceedings are closed with direction to the respondents-State to ensure release of due pension to the petitioner within three weeks from today, i.e., on or before 08.05.2026. Notices issued to the respondents are discharged. Pending miscellaneous application, if any, shall also stand disposed of. Jyotsna Rewal Dua
Judge 16th April, 2026 (rohit)
2 Civil Appeal No.4792 of 2022 decided on 18.07.2022 3 LPA No.196 of 2022 decided on 11.10.2023.