Extracted from the PDF above. The PDF is authoritative.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.665 of 2024
Date of decision: 07.07.2025 Ramesh Chand.
...Petitioner. Versus Rakesh Kanwar & Anr.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Munish Datwalia, Advocate.
For the respondent : Ms. Menka Raj Chauhan, Deputy Advocate General.
Jyotsna Rewal Dua, Judge
Petitioner alleges violation of decision rendered in Paras Ram and Others vs. State of Himachal Pradesh and Anr.1. Operative portion of the said decision reads as under:-
“5. Accordingly, this petition is disposed of by observing that the directions passed in CWP No.3126 of 2023 shall mutatis mutandi apply in the present case and shall be deemed to have been passed in this case also. Let the benefits of approved military service towards fixation of pay be granted to the petitioners from the date of his joining the civil employment within a period of 90 days from today. If the emoluments are not paid within the said period, the State shall be liable to pay simple interest @6% per annum on the due amount to the petitioners as from the date of joining. Pending miscellaneous applications, if any, also stand disposed of.”
1 CWP No.4362 of 2020 decided on 27.03.2024.
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2.
In terms of above decision, the respondents were
directed to give benefits of approved military service towards fixation of pay to the petitioners, including the present petitioner, from the date of his joining the civil employment within a period of 90 days, failing which the amount was to carry simple interest @ 6% per annum. Respondents have filed the compliance affidavit. Along with the compliance affidavit, an office order dated 28.05.2025 fixing pay of the petitioner by granting him benefit of approved military service has also been appended. The surviving grievance of the petitioner is that the respondents till date have not release actual monetary benefits in terms of the said decision along with interest component on account of late payment as ordered in Paras Ram & Ors.1.
3.
Learned Deputy Advocate General assures that all endeavour shall be made by the respondents to release the consequential benefits in favour of the petitioner along with interest component in terms of Paras Ram & Ors.1.
4.
In view of the aforesaid submissions, the present proceedings are closed with the hope and trust that consequential benefits in terms of office order dated
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28.05.2025, along with the interest component as directed in Paras Ram & Ors.¹, shall be paid by the respondents to the petitioner as expeditiously as possible and in any case not later than six weeks. The petitioner is, however, at liberty to seek appropriate remedy in accordance with law for redressal of his surviving grievances, if any. Notices issued to the respondents are discharged. Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua 7th July, 2025
Judge (Pardeep)