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High Court of Himachal Pradesh · body

2025 DAILYLAW 32856 (HP)

STATE OF HP AND ANOTHER v. Munshi Ram Pathania

CMP.M/489/2025 · 2025-05-16

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of Himachal Pradesh and another Versus Munshi Ram CMP(M) No.489 of 2025 [Item D-3] 16.05.2025 Present: Mr. Gobind Korla, Additional Advocate General, for the applicants-State. Inter alia submits that the writ petitioner had superannuated on 30.04.2019 and was re-employed on 10.06.2019 [Annexure P-1 with writ record] for one year with fixed terms and conditions. 2. A reference is made to re-employment order as last pay drawn in the pay band plus grade pay being drawn at the time of retirement and Dearness Allowance was not admissible. 3. It is submitted that the re-employment order referred to the terms and conditions, which would be applicable as per Office Memorandum dated 25.03.2017 [page 96 of the writ record], wherein, it has been specifically mentioned that as per Clause-8, there would no enhancement in salary on re-employment. It is further submitted that claim as such on account of revision of pay scale for the period of re-employment had been rejected by a speaking order dated 17.04.2023 [page 102 of the writ record], on the ground that revision did not provide the re- fixation of pay of re-employed pensioners. 4. It is also pointed out that the writ petitioner as such had relied upon the said revision dated 03.01.2022, which was only for serving employees, whereas notification dated 25.02.2022, as such, would be applicable, which would govern the revision as such of persons who had superannuated after 01.01.2016. The writ petitioner had superannuated on 30.04.2019 and, therefore, reasoning of the learned Single Judge on account of the revision of pay scale, the benefit is also necessarily to flow, would require consideration. 5. Keeping in view the averments made in the application, we are of the opinion that sufficient cause has been made out to condone the delay. Therefore, delay of 22 days in filing the appeal is condoned. 6. The application stands disposed of. Appeal be registered. LPA No.241 of 2025 7. Issue notice to the respondent, returnable within four weeks, on taking steps within a week. 8. List on 19.07.2025. 9. In the meantime, State also to place on record Notification dated 25.02.2022. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge May 16, 2025 (Bhardwaj/Himani)