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2025 DAILYLAW 32774 (HP)

BRIJ LAL v. HRTC AND OTHERS

CWP/9904/2023 · 2025-10-06

Romesh Verma, Vivek Singh Thakur

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Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 9847/2023, 9895/2023 & 9904/2023 Decided on: 6.10.2025 CWP No. 9847/2023 Pawan Kumar …..Petitioner Versus Himachal Road Transport Corporation & ors. ….Respondents CWP No. 9895/2023 Chaman Lal …..Petitioner Versus Himachal Road Transport Corporation & ors. ….Respondents CWP No. 9904/2023 Brij Lal …..Petitioner Versus Himachal Road Transport Corporation & ors. ….Respondents ______________________________________________________________ Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the Petitioner(s): Mr. S. P. Chatterji, Advocate. For the Respondents: Mr. Dheeraj K. Vashishat, Advocate. 1Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 Vivek Singh Thakur, Judge (oral) These petitions, for involvement of common issues to be adjudicated on the basis of same facts and circumstances, are being decided together. 2. Admittedly, all the petitioners herein are above 70 years of age. All the petitioners are pre-2016 retiree pensioners/family pensioners, who are claiming their right for release of arrears on account of revision of pension/family pension w.e.f. 01.01.2016. 3. Learned counsel for the petitioners has placed on record office Memorandum dated 19.06.2025, whereby the Government of Himachal Pradesh has directed release of 70% arrears of pension/family pension, who have attained the age of 70 years and above, in the month of October, 2024. 4. It is further case of the petitioners that the respondent-Corporation has adopted the pay-scale of Government and pension is also released on the basis of norms and qualifying service prescribed in CCS (Pension) Rules, but in case of petitioners, arrears are not being released in terms of office Memorandum dated 19.06.2025. 3 5. Order dated 12.09.2025 passed in similar matter, CWP No.12349 of 2025 titled as Parkash Chand vs. HRTC and others has also been relied upon by the petitioners, wherein after taking into consideration the submissions of learned counsel representing the respondent-Corporation, following order has been passed by learned Single Judge as under:- 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 31.07.2022 have not been released, despite there being issuance of office memorandum dated 19.06.2025 by the Government of Himachal Pradesh, thereby approving release of 70% pension arrears to the pensioners and family pensioners, who have attained the age of more than 70 years. 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 Pension Rules, there appears to be no justification to delay the release of pension arrears for the period, as detailed hereinabove. 4. Mr. Virender Singh Kanwar, learned counsel for the respondents, states that a meeting of the Board of Directors of the respondent-Corporation is scheduled to be convened, wherein decision on the aforesaid aspect, i.e. release of 70% pension arrears to pre-2016 pensioners/family pensioners, in light of office memorandum dated 19.06.2025, 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 4 the respondent-Corporation to ensure that decision with regard to release of 70% pension arrears to pre-2016 pensioners/family pensioners, in terms of office memorandum dated 19.06.2025, is positively taken by the Board of Directors expeditiously, preferably within a period of four weeks and thereafter arrears, if any, due to the petitioner shall 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. 6. It is also undisputed that the petitioners are similarly situated to the petitioner in CWP No.12349 of 2025. 7. Learned counsel for the petitioners submits that in case similar directions are passed in these matters, the petitioners would be satisfied. 8. Taking into consideration the material before us, we are of the considered opinion that being similarly situated persons; the petitioners are also entitled for the similar relief. 9. Accordingly, the directions passed in aforesaid CWP No.12349 of 2025 shall be ‘mutatis mutandis’ applicable in the cases of the petitioners also for all intents and purposes. 10. In view of above, these petitions are disposed of with directions to the respondent-Corporation to ensure that decision with regard to release of 70% pension arrears to pre 2016 pensioners/family pensioners, who are 70 years old or 5 above, in terms of office memorandum dated 19.06.2025, is positively taken by the Board of Directors on or before 31.10.2025 and thereafter arrears, if any, due to the petitioners 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 arrears fell due to the petitioners. 11. Pending applications, if any, stand disposed of. (Vivek Singh Thakur) Judge (Romesh Verma) 6.10.2025 Judge (pankaj)