Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 8147 of 2023 Date of Decision: 17.11.2025 _______________________________________________________ Ram Singh
…….Petitioner
Versus
Himachal Road Transport Corporation & Ors. … Respondents ______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashok Kumar, Advocate.
For the Respondents: Mr. Vinod Gupta, Advocate. _______________________________________________________ Sandeep Sharma, Judge(oral):
Precisely, the grouse of the petitioner, who is 77 years old, as has been highlighted in the petition and further canvassed by Mr. Ashok Kumar, learned counsel for the petitioner, is that petitioner is pre-2016 retiree, but yet are not being released arrears on account of revision of pension we.f.01.01.2016, as a result thereof, great hardship is being caused to him.
2.
Pursuant to the notices issued in the instant proceedings, respondents have filed reply, wherein claim as put forth petition has been defeated on the ground that arrears of
1Whether the reporters of the local papers may be allowed to see the judgment?
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pension can only be released after approval, if any, given by the Board of Directors.
3.
During the proceedings of the case, learned counsel for the petitioner has placed on record office memorandum dated 19.10.2024, whereby Government of Himachal Pradesh has
directed release of entire arrears of pension/family pension, who have attained the age of 75 years and above, in the month of October, 2024. 4. Though, petitioner is 77 years old, but till date has been not released arrears in terms of office memorandum dated
19.10.2024. It is admitted case of the parties that respondent- Corporation has adopted the pay scale of the Government and pension is also released on the basis of norms and qualifying service prescribed in CCS(Pension) Rules, but in case of the petitioner, arrears are not being released in terms of office memorandum dated 19.10.2024. 5. In similar facts and circumstances, this Court in case titled Duni Chand vs. HRTC and others, CWP No. 12055 of 2025 held 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 31.07.2024 have not
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been released, despite there being issuance of office memorandum dated 19.10.2024 by the Government of Himachal Pradesh, thereby approving release of all pension arrears to the pensioners and family pensioners, who have attained the age of 75 years and above. 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. Raman Jamalta, learned counsel for the respondents, states that a meeting of the Board of Directors of the respondent-Corporation is scheduled to be convened on 29.07.2025, wherein decision on the aforesaid aspect, i.e. release of all pension arrears to pre-2016 pensioners/family pensioners, in light of office memorandum dated 19.10.2024, 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 the respondent-Corporation to ensure that decision with regard to release of all pension arrears to pre-2016 pensioners/family pensioners, in terms of office memorandum dated 19.10.2024, is positively taken by the Board of Directors on 29.07.2025 and thereafter arrears, if any, due to the petitioner 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 arrear fell due to the petitioner. Pending applications, if any, stand disposed of.”
6. It is apparent from the aforesaid judgment, Board of Directors had already decided to release the pension arrears to pre-2016 pensioners in terms of office memorandum dated
19.10.2024. If it is so, otherwise there is not impediment inasmuch as directing the respondents to release the arrears of pension to the petitioner expeditiously. 4
7. Consequently, in view of the above, the present petition is disposed of with a direction to the respondent- Corporation to ensure that all pension arrears to pre-2016 pensioner/family pensioner, in terms of office memorandum dated 19.10.2024, are released expeditiously, preferably within a period of two months. Pending applications, if any, also stand
disposed of.
(Sandeep Sharma),
Judge November 17, 2025 (shankar)