Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7103 of 2025 Date of Decision: 04.12.2025 _______________________________________________________ Nek Chand Sharma
…….Petitioners
Versus
Union of India & others
… Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. Narender Sharma, Advocate.
For the Respondents: Mr. Nand Lal Thakur, Senior Panel Counsel for respondent No.1.
Mr. Raman Sethi, Advocate, for respondent Nos. 2 and 3.
Mr. Rahul Gathania, Advocate, for respondent No.4. ____________________________________________________ Sandeep Sharma, Judge(oral):
By way of instant petition, petitioner has prayed for following main reliefs:-
“1. To issue writ in the nature of mandamus with a command to respondents No. 2 and 3 to release pension as per revised pay on the date of retirement (instead of pension on ceiling limit) on full salary i.e. contribution on actual salary beyond ceiling limit alongwith arrears from the date of attaining the age of eligible for pension till its actual realization with further direction to release the higher pension uninterruptedly;
2. To release the arrears of pension alongwith interest @ 12% p.a. from the due date till actual realization.”
1Whether the reporters of the local papers may be allowed to see the judgment?
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2.
Though, despite sufficient opportunities, no reply has been filed on behalf of respondent Nos. 1 to 3, however, Mr. Raman Sethi, learned counsel representing respondent Nos. 2 and 3 has placed on record communication dated 23.01.2025, to state that monthly pension of the petitioner has been fixed at the rate of Rs. 19019/- and pension arrear to the tune of Rs. 10, 37,529/- has been also released in favour of the petitioner. He states that relief prayed for in the instant petition already stands granted to the petitioner.
3.
Learned counsel representing the petitioner though fairly acknowledged the factum with regard to grant of pension as well as release of arrears, as detailed hereinabove, but he states that interest on account of delayed payment has been not paid.
4.
At this stage, Mr. Raman Sethi, Advocate placed on record copies of orders dated 03.12.2024,09.12.2024 and 26.12.2024 suggestive of the fact that employees contribution was deposited vide cheque/DD No.394932 and 395233 dated 18.11.2024, which were credited on 25.11.2024, the arrears were released to the petitioner on 26.12.2024, as such, there is no delay in payment and as such, no payment is payable.
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5.
In view of the above, nothing remains to be adjudicated in the instant petition and accordingly same is disposed of. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law qua the surviving grievance, if any. Pending applications, if any, also stand disposed of.
(Sandeep Sharma),
Judge December 04,2025 (shankar)