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2025 DAILYLAW 38887 (HP)

PRITAM CHAND v. THE STATE OF HP AND OTHERS

CWP/17752/2025 · 2025-11-26

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17752 of 2025 Decided on: 26th November, 2025 ------------------------------------------------------------------------------------- Pritam Chand …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ram Lal Thakur, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 3. Mr. Rangil Singh, Advocate, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order was passed in this matter on 14.11.2025:- “Notice. Mr. Vishwadeep Sharma, learned Additional Advocate General and Mr. Rangil Singh, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively. Petitioner’s grievance is that the respondents have not paid him due 50% of his basic pay as pension. That petitioner’s basic pay on the date of his retirement was Rs.14,300/-, however, his pension has been fixed by taking his basic pay as Rs.13,880/-. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Let the respondents have instructions in respect of grievance of the petitioner by the next date of hearing. List on 26.11.2025.” 2. Pursuant to above order, learned counsel for respondent No.4 has placed on record office instructions dated 24.11.2025, conveying as under:- “On the aforementioned subject, it is respectfully submitted that the pension case of the petitioner was initially authorized by excluding the benefits of 20 years ACP, in terms of the Finance Department, Government of Himachal Pradesh O.M. dated 15.12.2012, as the petitioner was in the pay band of Rs.5910-20200 with grade pay of Rs.1900. However, while authorizing the revised pensionary benefits on implementation of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 issued by the Finance Department, Government of Himachal Pradesh on 03.01.2022, the benefit of 20 years ACP (due on 01.01.2015) has been taken into account for calculation of revised pensionary benefits, in terms of the Finance Department notification dated 19.05.2021 (copy enclosed), vide which the benefit of one additional increment for all Class-IV employees on completion of 20 years of regular service has been allowed. Accordingly, the benefit of one increment raising the pay from Rs.13,880/- to Rs.14,300/- has been taken into account while authorizing the revised pensionary benefits (copy enclosed). The Hon’ble Court may kindly be apprised accordingly.” 3. Learned counsel for the petitioner submits that the grievances of the petitioner have now been redressed by the respondents, however, the petitioner be granted liberty to seek appropriate remedy for the redressal of any of his surviving grievances relating to the issue in accordance with law. 3 Granting such liberty, the present writ petition to stand disposed of. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua November 26, 2025 Judge Mukesh