Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.15230 of 2025
Decided on 14th July 2026 Harbinder Singh
…Petitioner Versus The State of Himachal Pradesh and others
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Nand Lal Chauhan, Advocate. For the respondents: Mr. Rajpal Thakur, Additional
Advocate General, for respondenets
No.1 to 3. Mr. Balram Sharma, DSGI, for
respondent No.4. None for respondents No. 5 and 6. Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has, inter alia, prayed for the following relief:-
“i) It is, therefore, prayed that this Civil Writ Petition of the petitioner may kindly be allowed and the respondents be directed to pay/release the arrears of Rs.3,56,493/- alongwith interest @24% per annum from the date of withheld the amount of arrears of the petitioner by the respondents in the interest of justice and fair play.”
2. During the pendency of the writ petition, the principal amount, to which the petitioner was entitled to, stands
2 released in his favour, however, the petitioner insisted for payment of interest on delayed payment, which was still not paid to him. 3. Instructions have been handed over on this issue, both by the learned Deputy Solicitor General of India, dated 07.05.2026 and learned Additional Advocate General, dated 14.07.2026, which are taken on record. 4. A perusal thereof demonstrates that whereas as per the Cantonment Board, the delay is attributable to the Forest Department, as per the Forest Department, delay, if any, is attributable to the Cantonment Board. 5. In fact, a perusal of the instructions, inter alia, demonstrates that upon the implementation of the 6th Pay Revision vide Himachal Pradesh Government notification dated 03.01.2022, the pay of the petitioner was revised to Rs.33,200/- w.e.f. 01.05.2021, including the benefit of past military service on 10.02.2022. Thereafter, a letter was forwarded by the employer to the Chief Executive Officer, Cantonment Board, Jutogh on 03.07.2023 for the fixation of pay of the petitioner. The above demonstrates that after the pay of the petitioner was
3 revised by the Forest Department on 10.02.2022, the employer took almost 1 ½ years to forward the case of the petitioner to the Cantonment Board for the re-fixation of the pay of the petitioner.
Instructions further demonstrate that thereafter the Cantonment Board undertook the process of certain legal consultation and ultimately on 22.02.2024, sought an attested copy of pay fixation from Senior DAG (A&E) for processing payment of arrears. Thus, it is evident that from 03.07.2023 upto 22.02.2024, the case was pending with the Cantonment Board. After the Cantonment Board communicated again with Senior DAG vide communication dated 22.02.2024, the needful was done by the Authorities concerned and the arrears were released in favour of the petitioner on 09.01.2026. 6. In this backdrop, as obviously, there is a contributory delay both on the part of the Forest Department as well as the Cantonment Board for the release of arrears, in the interest of justice, rather than going into the nitty-gritty of determining the amount payable now to the petitioner as interest on account of the delayed payment, this petition is disposed of with the direction that in lieu of the payment of
4 interest on delayed release of arrears, an amount of Rs.10,000/- shall be paid by the Forest Department to the petitioner and an amount of Rs.5,000/- by the Cantonment Board. This amount of Rs.15,000/-, i.e., Rs.5,000/- from the Cantonment Board and Rs.10,000/- from the Forest Department shall be the full and final payment, in lieu of the delay in the payment of amount to the petitioner. The amount above assessed, be paid to the petitioner by the parties concerned within six weeks from today. (Ajay Mohan Goel)
Judge July 14, 2026 (Vinod)