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2025 DAILYLAW 3338 (HP)

VIJAY KUMAR v. THE STATE OF HP AND OTHERS

CWP/15655/2025 · 2026-07-17

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.15655 of 2025 Decided on 17th July 2026 Vijay Kumar …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Sohail Khan, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.1. Ms. Oshin Anand Chauhan, Advocate, for respondent No.2. Mr. Rajesh Kosh, Advocate, for respondent No.4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- “i That an appropriate writ, order or directions may kindly be issued to the respondents that the impugned order dated 18.08.2025 passed by the respondents pursuant to the representation of the petitioner whereby case of the petitioner deferred to the Council of Ministers Meeting approval be quashed and set aside. 2 ii. That issue an appropriate writ, order or directions directing the respondents to re-calculate and re-fix the pension of the petitioner in accordance with the Rules 49 of the CCS (Pension) Rules, 1972, on the basis of the last pay drawn by the petitioner with all consequential benefits and also direct the respondents that the pension order passed on 22.04.2024 be modified.” 2. Learned Counsel for the petitioner has referred to the reply filed by respondent No.2 and by drawing the attention to Para-4 thereof, he submitted that though the claim of the petitioner has not been disputed by the respondents, but, they submit that the issue of release of revised pension/family pension to the pre-2016/post-2016 pensioners/family pensioners of Urban Local Bodies w.e.f. 001.01.2016, being a policy matter was under the active consideration of the Government level. Learned Counsel submitted that now, in terms of communication dated 04.06.2026, Director Urban Development has communicated to all the Commissioners of the Municipal Corporations, as also the Executive Officers of Municipal Councils and Secretaries of Nagar Panchayats, on the subject of revision of pension/family pension of pre-2016 pensioners/family pensioners that Principal Secretary Urban 3 Development to the Government of HP, vide letter dated 02.06.2026, has conveyed approval to the Government for revision of pension/family pension of pre/post-2016 pensioners/family pensioners of ULB, w.e.f. 01.01.2016 subject to the condition that State Government will not provide any financial assistance for this purpose. He submits that it is mentioned in this communication that the Urban Local Bodies have been directed to prepare the pension cases in respect of the pre-2016 pensioners/family pensioners and post-2016 pensioners/family pensioners of their municipalities on the prescribed form and send the same to the office of Director Urban Development so that needful can be done. He submits that in the light of this communication, the petition be disposed of with issuance of a direction to the respondent-Corporation to do the needful forthwith in terms of this communication. 3. Learned Counsel for the respondent-Corporation submits that needful in terms of communication dated 04.06.2026 shall be done expeditiously. 4. Let needful be done in the case of the petitioner in terms of said communication within eight weeks from today. 4 5. With these observations, this petition is disposed of, so also pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge July 17, 2026 (Vinod)