IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16552 of 2025 Decided on: 14.11.2025 Harbhajan Singh …Petitioner Versus H.R.T.C and others .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Ashok Kumar, Advocate. For the respondents: Mr. Virender Singh Kanwar, Advocate. Jyotsna Rewal Dua, J Petitioner is pre-2016 pensioner/family pensioner who has attained the age of 77 years. He has prayed for release of pension arrears w.e.f. 1.1.2016 to 31.07.2022. Prayer has been made on the basis of office memorandum dated 19.10.2024 issued by the State Finance Department. As per the said office memorandum, pre- 2016 pensioners/family pensioners having attained age of 75 years or above are entitled to cumulative arrears and balance arrears payable to those category of pensioners/family pensioners is to be treated as zero. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 2. At this stage, learned counsel for the petitioner placed on record decision rendered by Hon’ble Division Bench in Gyan Chand versus H.R.T.C and others.2 The petitioners therein were also pre-2016 retiree pensioners/ family pensioners above 75 years of age and had claimed their right for release of arrears on account of revision of pension/ family pension. The Hon’ble Division Bench inter alia held as under: - “4. It is further case of the petitioners that the respondent- 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, but in case of petitioners, arrears are not being released in terms of office Memorandum dated 19.10.2024. 5. Order dated 28.07.2025 passed in similar matter, CWP No.12055 of 2025 titled as Duni Chand vs. HRTC and others has also been relied upon by the petitioners, wherein after taking into consideration the submissions of learned counsel representing the respondent-Corporation, following order has been passed by learned Single Judge 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 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 2CWP No. 9845 of 2023, decided on 24.09.2025 alongwith connected matters. 3 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 also undisputed that the petitioner is similarly situated to the petitioner in CWP No.12055 of 2025. 7. Learned counsel for the petitioners submits that in case similar directions are passed in these matters, the petitioner would be satisfied. 8. Taking into consideration the material before us, we are of the considered opinion that being similarly situated persons; the petitioners are also entitled for the similar relief. 9. Accordingly, the directions passed in aforesaid CWP No.12055 of 2025 shall be ‘mutatis mutandis’ applicable in the cases of the petitioners also for all intents and purposes. 10. In view of above, these petitions are disposed of with directions to the respondent-Corporation to ensure that decision with regard to release of all pension arrears to pre- 2016 pensioners/family pensioners, who are 75 years old or above, in terms of office memorandum dated 19.10.2024, is positively taken by the Board of Directors on 29.09.2025 and thereafter arrears, if any, due to the petitioners should be 4 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 petitioners.” Learned counsel for the petitioner submitted that the writ petition be also disposed of in terms of the above decision rendered in Gian Chand2. 4. Taking into consideration the issues raised in the writ petition and the decision rendered in Gian Chand2, which in turn is based upon Duni Chand versus H.R.T.C,3 this writ petition is disposed of with the observation that directions passed in Duni Chand3 shall be ‘mutatis mutandis’ applicable to the case of petitioner for all intent and purposes. The directions issued in Gian Chand2 with regard to release of pension arrears to pre-2016 pensioners/ family pensioners who are 75 years or above in age in terms of office memorandum dated 19.10.2024 shall also be ‘mutatis mutandis’ applicable to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 14th November, 2025(rohit) 3 CWP No. 12055 of 2025 decided on 28.07.2025