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2025 DAILYLAW 22862 (HP)

TEK CHAND v. HRTC AND OTHERS

CWP/13097/2025 · 2025-08-14

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13097 of 2025 Date of Decision: 14.8.2025 _____________________________________________________________________ Tek Chand ……...Petitioner Versus HRTC & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. R.K.Dogra & Mr. S.P.Chatterji, Advocates. For the respondents: Mr. Raman Jamalta, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Notice. Mr. Raman Jamalta, Advocate, appears and waives service of notice on behalf of the respondents. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. R.K.Dogra, learned counsel representing the petitioner, is that pension arrears w.e.f 01.01.2016 to 31.07.2024 have not been released, despite there being issuance of office memorandum dated 19.10.2024 by the Government of Himachal Pradesh, thereby approving release of all pension arrears to the pensioners and family pensioners, who have attained the age of 82 years and above. 3. Since it is not in dispute that respondents-Corporation has adopted the pay scale of Government and pension is also released on the basis of norms and qualifying service prescribed in CCS 2 Pension Rules, there appears to be no justification to delay the release of pension arrears for the period, as detailed hereinabove. 4. Mr. Raman Jamalta, learned counsel for the respondents, states that a meeting of the Board of Directors of the respondent- Corporation is scheduled to be convened on 29.07.2025, wherein decision on the aforesaid aspect, i.e. release of all pension arrears to pre-2016 pensioners/family pensioners, in light of office memorandum dated 19.10.2024, shall be taken. 5. In view of fair stand adopted by learned counsel for the respondent-Corporation, there appears to be no justification to keep the present petition alive and accordingly, the same is disposed of with a direction to the respondent-Corporation to ensure that decision with regard to release of all pension arrears to pre-2016 pensioners/family pensioners, in terms of office memorandum dated 19.10.2024, is positively taken by the Board of Directors on 29.07.2025 and thereafter arrears, if any, due to the petitioner should be released expeditiously, preferably within four months, failing which, respondent-Corporation would be liable to pay interest @ 6% per annum from the date amount of arrear fell due to the petitioner. Pending applications, if any, stand disposed of. August 14, 2025 (Sandeep Sharma), Manjit Judge