Extracted from the PDF above. The PDF is authoritative.
Item No. D-9 State of H.P. & Ors. vs. Hari Singh & Anr.
CMP(M) No. 2302 of 2025 01.01.2026 Present: Mr. Arsh Rattan, Deputy Advocate General, for the applicants/appellants. For the reasons stated in the application, which is duly supported by the affidavit of the Conservator of Forests (T), the delay of 48 days in filing the appeal is condoned. Application stands disposed of. Appeal be registered. LPA No. 4 of 2026 Inter alia contends that benefits as such of re- fixation of the pay and retiral benefits and pension, w.e.f. 01.11.2018 were sought. Apart from the other prayers, the benefit of retirement age of 60 years, which was granted on 05.09.2024 (Annexure R-3) but the petitioner was not entitled to actual monetary benefits, since he had already retired on 30.11.2016. There was notional fixation of pay for the period in question for working out his payable revised retiral dues. It is submitted that by virtue of directions given by the learned Single Judge, it has been directed to consider the case of the petitioner for grant of pension, after receipt of option. Resultantly, reference is made to the grounds of appeal, wherein it is submitted that the respondent had never opted for pensionary benefits under Rules
dated 04.05.2023, which was to be done within 60 days and, therefore, directions as such were de hors the reliefs claimed without any specific pleadings that he was unaware of the fact that he had to exercise the option as per the said notification. Issue notice to the respondent, returnable for 01.04.2026, on taking steps within one week. CMP No. 61 of 2026 The operation and execution of the judgment dated 03.09.2025, passed by the learned Single Judge in CWP No. 7085 of 2024, titled as Hari Singh vs. State of H.P. & Ors., shall remain stayed.
(G. S. Sandhawalia)
Chief Justice
(Jiya Lal Bhardwaj)
Judge 1st January, 2026(sanjeev)