2025:HHC:17157 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No.507 of 2025 in LPA No.275 of 2025 Decided on: 30.05.2025 The Himachal Pradesh State Electricity Board Limited .… Applicant. Versus Sh. Kanshi Ram & another …. Respondents. Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the applicant : Ms. Sunita Sharma, Senior Advocate, with Mr. Dhananjay Sharma, Advocate. For the respondents: Mr. Rakesh Kumar Sharma, Advocate, for respondent No.1. Mr. Rakesh Dhaulta, Additional Advocate General, for respondent No.2. G.S. Sandhawalia , Chief Justice (Oral) Caveat Petition No.703 of 2025 Allowed and discharged. CMP(M) No.507 of 2025 For the reasons stated in the application, which is duly supported by the affidavit of Executive Director (Pers.), HP SEBL, we find sufficient cause to condone the delay of one year one month and 24 days in filing the appeal. Accordingly, the aforesaid delay is condoned. The application stands disposed of. LPA No. 275 of 2025 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:17157 2. Learned Senior Counsel for the appellant submits that the petition out of which the Letters Patent Appeal has arisen was decided alongwith other cases. The lead case was Civil Writ Petition No.7332 of 2021, titled Lekh Raj Versus State of Himachal Pradesh and others, decided on 09.11.2023. She submits that CWPOA No.6757 of 2020, titled Raj Mal Versus Himachal Pradesh State Electricity Board was also decided on 09.11.2023 alongwith the aforesaid case. 3. She submits that LPA No.243 of 2025, titled The Himachal Pradesh State Electricity Board Limited & another Versus Raj Mal was disposed of on 22.05.2025 by ordering that the matter is governed by the judgment of the Apex Court in SLP(C) No.1091-1092 of 2023, titled Kashmiri Lal Sharma Versus Himachal Pradesh State Electricity Board Ltd. & Anr., The following observations were recorded:- “3. the parties are at ad idem that the letters patent appeal (LPA), which had been filed prior to the judgment of the Hon’ble Supreme Court in SLP(C) No.1091-1092 of 2023, titled Kashmiri Lal Sharma Vs. Himachal Pradesh State Electricity Board Ltd. & anr., decided on 03.04.2025, is now to be governed by the judgment of Hon'ble Supreme Court in Kashmiri Lal Sharma's case. 4. Accordingly, we dispose of this appeal on the basis of the aforesaid judgment, which would mutatis mutandis apply to the instant appeal and the case of 3 2025:HHC:17157 the appellants now shall be governed by the observations as contained in paras- 21 and 22 of the said judgment, which read as under:- "21. However, as we have held, while deciding issue I, that persons suffering from other specified disabilities could not have been denied the benefit of the OM dated 29.03.2013, we are of the view that till the date the said OM was operative, the appellant was entitled to its benefit as, admittedly, he fell in the category of employee suffering from such disabilities as are specified in the 1995 Act and the 2016 Act. 22. Accordingly, these appeals are partly allowed. The impugned judgment and order dated 28.07.2021 of the High Court dismissing the Writ Petition of the appellant is set aside. The appellant shall be entitled to the benefit of continuance in service until 04.11.2019. In consequence, he shall be entitled to full wages from 01.10.2018 to 04.11.2019, with all consequential benefits that may impact his pension." Pending miscellaneous application(s), if any, shall also stand disposed of." 4. Learned Senior Counsel, thus submits that for present appeal pertaining to the employee Kanshi Ram, the benefits would have to be granted as his date of retirement is 30.09.2017 and he is entitled for the aforesaid benefits in view of the judgment of the Apex Court. 4 2025:HHC:17157 5. Mr. Rakesh Kumar Sharma, learned counsel appearing for respondent No.1 has also pointed out that in the lead case titled Lekh Raj Versus State of Himachal Pradesh and others, the entire benefits have also been granted by the State Health Department. 6. Keeping in view the above, we dispose of the present appeal having been covered by the judgment of the Apex Court in SLP(C) No.1091-1092 of 2023, titled Kashmiri Lal Sharma Versus Himachal Pradesh State Electricity Board Ltd. & Anr. (G.S. Sandhawalia) Chief Justice (Ajay Mohan Goel) Judge May 30, 2025 (Rishi) 5 2025:HHC:17157 Kanshi Ram and Rajinder Prasad Sethi