2025:HHC:37065 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.951 of 2019 Decided on:30.10.2025 _________________________________________________________ Mata Ram (since deceased) through ...Petitioners his legal representatives. Versus State of H.P. & Others ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioners: Ms. Shashi Kiran, Advocate. For the respondents: Mr. Hemant K. Verma, Deputy Advocate General, for respondents No.1, 2 & 4-State. Mr. Lokender Paul Thakur, Senior Panel Counsel, for respondent No.3-Accountant General. Ranjan Sharma, Judge [Oral] Original Petitioner, Mata Ram [now deceased] through his legal representatives, Som Dutt & Others, have come up before this Court seeking following relief(s):- (i). That the writ in the nature of certiorari may kindly be issued directing the respondents to pay the pension to the petitioner as per the revised pay scales from the date of its due along with arrears thereof with interest on the arrears and further the respondents may kindly be directed to pay due and admissible DCRG as has been given to other similarly situated persons and further they may kindly 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:37065 - 2 - be directed to pay salary for petitioner forthwith.” FACTUAL MATRIX: 2. Grievance of the petitioners is that deceased original petitioner Mata Ram joined the respondent- Department in the year 1982 as a Mali and his services were regularized on 24.08.1999 as Forest Worker/Beldar and he superannuated from service on 30.06.2009 and upon superannuation on 30.06.2009, the petitioner was entitled to basic pension of Rs.4165/-, per month whereas, the respondents have released pension at Rs.3632/- per month. It is averred that after revision of pension, the petitioner was entitled for revised DCRG and Leave Encashment which have not been released to the petitioner. It is in this background that the instant petition has been filed seeking revision of pension at Rs.4165/- w.e.f. the date of superannuation on 01.07.2009 and the benefit of revised DCRG-Gratuity and Leave Encashment, and the denial is illegal. STAND OF STATE AUTHORITIES: 3. Pursuant to issuance of notice, the State Authorities have filed the Reply-Affidavit dated 09.05.2012 of Conservator of Forest, Nahan Circle, 2025:HHC:37065 - 3 - Nahan. 3(i). Perusal of Reply-Affidavit indicates that the petitioner joined service as daily wage Muster-Roll worker on 20.02.1985 in Narag Range and his services were regularized on 24.08.1999 and he retired upon attaining the age of superannuation of 60 years on 30.06.2009. Para 3 of Reply-Affidavit indicates that case for pension was sent to Accountant General, Himachal Pradesh on 30.03.2009 [Annexure R-1] and pension and gratuity were sanctioned on 27.04.2009 [Annexure R-2] by taking into account the unrevised-old pay scales and basic pay therein. Reply-Affidavit further indicates that Leave Encashment for 270 days for unutilized earned leave was sanctioned and paid to the petitioner on 17.08.2009 [Annexure R-3]. 3(ii). Reply-Affidavit further indicates that upon revision of pay scales w.e.f. 01.01.2006, the revised pension and revised gratuity case was moved to Accountant General and the same was sanctioned on 21.09.2010 [Annexure R-5] whereby, the basic pension was revised from Rs.2358/- per month w.e.f. 01.07.2009 to Rs.4165/- w.e.f. 01.07.2009 onwards. 2025:HHC:37065 - 4 - 3(iii). Even a perusal of Annexure R-4 dated 21.09.2010, indicates that gratuity was revised from Rs.50,730/- to Rs.50,815/- but the petitioner did not come forth to receive the differential amount of gratuity of Rs.85/-which is lying with the Department. So far as the revised pension is concerned, the same is stated to have been revised from Rs.2358/- to Rs.4165/- as per the revised PPO dated 21.09.2010 [Annexure R-5] w.e.f. 01.07.2009 and the arrears on account of revised pension are stated to have been released to the petitioner. Though, Reply-Affidavit states that revised pension and gratuity stand sanctioned but the Reply- Affidavit is silent with respect to the fact as to whether the arrears of revised pension in terms of the revised PPO/Communication dated 21.09.2010 [Annexure R-5] stands released to the petitioner or not. NO REBUTTAL: 4. Petitioner has not filed any rebuttal/rejoinder to the reply affidavit. 5. Heard Ms. Shashi Kiran, Learned Counsel for the petitioners and Mr. Hemant K. Verma, Learned Deputy Advocate General, for the respondents. 2025:HHC:37065 - 5 - ANALYSIS AND DIRECTIONS: 6. Taking into account the entirety of facts and circumstances, this Court is of the considered view that though the pension of petitioner stands revised vide PPO/Communication dated 21.09.2010 [Annexure R-5] from Rs.2358/- per month to Rs.4165/- per annum w.e.f. 01.07.2009 but the Reply-Affidavit is silent, as to whether pursuant to the order dated 21.09.2010 [Annexure R-5] the arrears of revised pension and other benefits have in fact been disbursed to the petitioner or not. 6(i). In these circumstances, this Court directs the State Authorities that in case the arrears of revised pension which accrue on the basis of order dated 21.09.2010 [Annexure R-5] have not been already released the same shall be processed/released to the petitioner on or before 31.12.2025. 6(ii). So far as the claim for revised gratuity is concerned, the reply-affidavit indicates that the gratuity stands revised from Rs.5730/- to Rs.5815/- as per the gratuity sanction Order dated 21.09.2010 [Annexure R-4]. Para 2 of this Communication indicates that the 2025:HHC:37065 - 6 - balance amount of Rs.85/- being the differential amount is due to the petitioner. Since the State Authorities have admitted that the balance differential amount is due, the same differential amount of Rs.85/- [Rupees Eighty Five] only be disbursed/remitted by RTGS or permissible modes to the petitioner forthwith, if not already released. 6(iii). So far as revised Leave Encashment is concerned, the State Authorities have stated that differential amount of leave encashment of Rs.10,035/- as in Annexure R-7 dated 03.05.2012 stands paid to the petitioner. Scanning of Annexure R-7 indicates that though the differential amount of Leave Encashment of Rs.10,035/- has been sanctioned on 03.05.2012 [Annexure R-7], which is stated to have been paid to the petitioner but no receipt of actual disbursement has been placed on record by the State Authorities. Accordingly, in case the differential amount of Leave Encashment has not already been paid, the same be also released to legal heirs of the deceased employee, Mata Ram on or before 31.12.2025, in the aforesaid terms. The unpaid benefits, if any, be released to the petitioner within six weeks from 2025:HHC:37065 - 7 - today. In view of the above discussion, the instant petition is disposed of along with pending miscellaneous application(s), if any. (Ranjan Sharma) Judge October 30, 2025 [Shivender]