IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8845 of 2023 Date of Decision: 04.08.2025 _______________________________________________________ Amar Singh Prashar …….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. Devender K. Sharma, 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 respondents- State. _______________________________________________________ Sandeep Sharma, Judge(oral): Vide Office Memorandum dated 25.02.2022 (Annexure P-1), Government of Himachal Pradesh, Finance (Pension) Department, decided that the Dearness Relief (DR) at revised rates to Himachal Pradesh Government Pensioners/Family pensioners shall be paid w.e.f.01.01.2016. Since the petitioner retired on 31.03.2021, he, as per aforesaid order, was entitled to the rates of Dearness Relief applicable on the revised basic pay at the rate of 28%(notional). 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by M. Devender K. Sharma, learned counsel for the petitioner, is that petitioner herein has been paid aforesaid revised dearness relief at the rate of 17%. 3. Though, reply filed by the respondents nowhere suggests that petitioner herein is not entitled to dearness relief at the rate of 28%, but it is claimed at the behest of the respondents that since dearness relief, in terms of notification dated 25.02.2022, was to be granted to the petitioner on notional basis, nothing is payable to the petitioner. 4. True, it is that as per notification dated 25.02.2022, benefit of revision of dearness relief is to be given to the petitioner on notional basis at the rate of 28%, but firstly, that amount is to be calculated, so that amount arrived at after the calculation at the rate of 28% is further considered and taken into consideration for other retiral benefits to the petitioner. 5. Petitioner herein has retired from government service on 31.03.2021 and the revised leave encashment has been released to him at the rate of 17% DA calculated by Accountant General, Himachal Pradesh, in his DCRG calculation, because 3 the DA w.e.f..01.01.2020 to 30.06.2020 at the rate of 21%, from 01.07.2020 to 31.12.2020 at the rate of 24% and from 01.01.2021 to 30.06.2021 at the rate of 28% has been declared notional by the government. So far as gratuity is concerned, it is submitted at the behest of the respondents that gratuity has been sanctioned by the Accountant General, Himachal Pradesh, amounting to Rs. 10,00,000/- in the year, 2021 and further revised gratuity is sanctioned on 31.05.2023, the total amount of revised gratuity of the petitioner is Rs. 10,00,000/- as per maximum limit of Rs.20,00,000/-. Pre-revised gratuity of Rs. 10,00,000/- has been paid, whereas so far as revised gratuity is concerned, the same has been paid as per Finance Department Office Memorandum dated 17.09.2022, vide which it has been notified that payment of arrears/pension and gratuity in respect of government servant who had retired after 01.01.2016 shall be paid 20% of total arrears/gratuity as such revised gratuity amounting to Rs. 200000/- (i.e. 20% of 1000000/- has been paid and thus an amount of Rs. 12,000,00/- on account of gratuity stand released out of total amount of gratuity of Rs. 20,00,000/- and the remaining due amount of revised 4 gratuity amounting to Rs. 8,00,000/- has been agreed to be paid in terms of the decision of the government. 6. As has been observed hereinabove, there is no dispute with regard to receipt of Rs. 12,00,000/- on account of gratuity as well as balance amount of Rs. 8,00,000/- which has been agreed to be paid in terms of government instructions, but dispute in the case at hand ,as has been raised by the petitioner in the instant petition, is that respondent ought to have considered his dearness relief at the rate of 28%. Afore amount, though, is not required to be released to the petitioner on account of its being granted on notional basis, but certainly amount calculated shall be taken into consideration for other benefits i.e. leave encashment, gratuity and commutation etc.. 7. Consequently, in view of the above, the present petition is allowed and letter dated 31.05.2023 (Annexure P-2), is quashed and set-aside. The respondents are directed to calculate the dearness relief of the petitioner at the rate of 28% in terms of notification dated 25.02.2022 (Annexure P-3) on notional basis, and thereafter, the calculated amount may be taken into consideration for calculation of other retrial benefits. 5 The needful shall be done by the respondents within a period of two weeks. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge August 04, 2025 (shankar)