Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 6614 of 2023 with CWP Nos. 7483, 7733, 7742, 7952, 7953, 7954, and 7960 of 2023 Date of Decision:04.08.2025 _______________________________________________________
1. CWP No. 6614 of 2023 Baldev Raj
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents
2. CWP No. 7483 of 2023 Mansa Ram
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents
3. CWP No. 7733 of 2023 Bala Ram Shandil
…….Petitioner
Versus
The State of Himachal Pradesh & others … Respondents
4. CWP No. 7742 of 2023 Rajnish Sharma
…….Petitioner
Versus
The State of Himachal Pradesh & others … Respondents ______________________________________________________
5. CWP No. 7952 of 2023 Het Ram
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents
6. CWP No. 7953 of 2023 Saroj Sharma
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents
7. CWP No. 7954 of 2023
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Sudesh Kumari
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents
8. CWP No. 7960 of 2023 Kishor Chand
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents ______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner(s): Mr. Rajiv Rai, Advocate.
For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for the respondent/ State.
Ms. Komal Chaudhary, Advocate, for respondent No.4, in all the petitions. _______________________________________________________ Sandeep Sharma, Judge(oral):
Since common questions of law and facts are involved in the above captioned cases and similar relief has been prayed for, this Court, after clubbing all the cases together, heard them jointly and are being disposed of vide the common
judgment.
2.
By way of these petitions, petitioners have prayed for following common reliefs:
1Whether the reporters of the local papers may be allowed to see the judgment?
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“(a) That the Hon’ble Court may kindly be pleased to issue an appropriate writ, whereby the office memorandum dated 17.09.2022 vide Annexure P-3, may kindly be quashed and set aside whereby the entire differential amount in respect of Gratuity and balance commuted pensions are not being paid in one go whereas the persons much after the petitioner have been/are being paid the entire differential amount in one go;
(b) That the respondents may kindly be directed to calculate the leave encashment in terms of revised pay rules 2022 keeping in view the judgment passed this Hon’ble Court in Civil Writ Petition No.7359 of 2021 tilted as Amita Gupta vs. State of Himachal Pradesh and others;
(c) That the respondents may kindly be directed to release the entire retiral benefits i.e. arrears to revised pension (balance commuted pension) as well as gratuity amount as calculated by the respondent vide communication dated 23.04.2022 and the same has been approved by the respondent No.3;
(d) The respondents may kindly be directed to pay the entire difference of retiral benefits calculated on the basis of revised pay rules 2022 alongwith the interest at the rate of 12% per annum since the day the same is admissible to till the date of realization of the said amounts.”
3.
Before the cases at hand are heard and decided on their own merits, learned counsel for the petitioners states that his clients would be content and satisfied in case directions are issued to the respondents to consider and decide cases of the petitioners in light of
judgment dated 01.12.2022 passed by Division Bench of this Court in CWP No. 7359 of 2021, titled Amita Gupta vs. State of Himachal
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Pradesh and others and judgment dated 22.03.2024 passed by Co- ordinate Bench of this Court in CWP No. 7376 of 2023, titled H.P. Secretariat & others Affiliated Pensioners Welfare Association vs. State of Himachal Pradesh and others, in a time bound manner. Learned Additional Advocate General is not averse to the aforesaid innocuous prayer made by the petitioners.
3.
Having perused aforesaid judgments sought to be relied upon vis-à-vis issue raised in the petitions at hand, this Court finds that issue raised in the instant petitions already stands adjudicated in the aforesaid judgments rendered by Division Bench as well as Co- ordinate Bench of this Court and as such, no prejudice would be caused to either of the parties in case respondents are directed to consider and decide cases of the petitioners in light of the aforesaid judgments.
4.
Consequently, in view of the above, present petitions are
disposed of with direction to the respondents to consider and decide cases of the petitioners in light of the judgments(supra) expeditiously, preferably, within six weeks from today. In case, petitioners are found to be similarly situate to the petitioners in the aforesaid judgments, they would be extended similar benefits. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioners and pass speaking
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order thereupon. Pending application(s), if any, shall also stand
disposed of.
(Sandeep Sharma),
Judge August 04, 2025 (shankar)