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2025 DAILYLAW 17235 (HP)

UPENDER SINGH v. STATE OF HP AND OTHERS

CWP/11371/2024 · 2025-08-05

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11371 of 2024 Date of Decision: 05.08.2025 _______________________________________________________ Upender Singh …….Petitioner Versus State of Himachal Pradesh & others … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ram Kumar, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. _______________________________________________________ Sandeep Sharma, Judge(oral): While inviting attention of this Court to para-9 of the reply, learned counsel for the petitioner states that case of the petitioner has been considered for pension under Old Pension Scheme and as such, nothing remains to be adjudicated in the present proceedings. 2. Having perused para-9 of the reply filed under the signatures of Superintending Engineer, I&PH Circle, Sundernagar, District Mandi, Himachal Pradesh, which is 1Whether the reporters of the local papers may be allowed to see the judgment? 2 reproduced herein below, this Court is persuaded to agree with learned counsel for the petitioner. “9. That in reply to this para, it is submitted that case of the petitioner has already been covered by Baldev judgment and petitioner stand granted deemed retirement at the age of 60 years i.e. from 30.06.2014 instead of 30.06.2012. As per record, petitioner has completed total 10 years and 6 months regular service and duly covered for pension under Old Pension Scheme as per notification of the government. There is no application of Balo Devi case in the case of the petitioner, the facts of the case being entirely different. The pension case of the petitioner stands submitted to the Accountant General, HP and pension will be sanctioned/ approved by its being the competent authority.” 3. Careful perusal of aforesaid reply filed by the respondents reveals that case of the petitioner has already been covered by Baldev Singh judgment and he stands deemed retired at the age of 60 years i.e. from 30.06.2014 instead of 30.06.2012, as a result thereof, he is deemed to have completed 10 years 6 months of regular service and as such, has been covered under Old Pension Scheme. While stating that there is no application of the Balo Devi case passed by Hon'ble Apex Court, it has been further stated in the reply that pension case of the petitioner stands submitted to the Office of the Accountant General, Himachal Pradesh. 3 4. Consequently, in view of the above, nothing remains to be adjudicated in the instant petition and accordingly same is disposed of, with a direction to the Office of Accountant General, Himachal Pradesh, through Mr. Tek Ram Sharma, Advocate that to issue the Pension Payment Order, if not already issued, in pursuance of the recommendation made by the Government of Himachal Pradesh, within a period of four weeks. The petition stands disposed of. (Sandeep Sharma), Judge August 05, 2025 (shankar)