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2026 DAILYLAW 18412 (HP)

PANCHAR SINGH v. THE STATE OF HP AND OTHERS

CWP/19068/2025 · 2026-08-05

Ajay Mohan Goel

body2026

Judgment text

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( 2026:HHC:32612 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 19068 of 2025. Decided on : 5 th August, 2026. Panchar Singh Negi ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioner: Ms. Neha Thakur, Advocate. For the respondents: Mr. Pushpinder Jaswal, Addl. Advocate General and Mr. R. P. Singh, Deputy Advocate General, for respondents No.1 and 3. Mr. Vivek Singh Attri, Advocate, for respondent No.2. Mr. Abhinav Purohit, Advocate, for respondent No.4. Ajay Mohan Goel, Judge (Oral). By way of present petition, the petitioner has, inter alia, prayed for following reliefs:- “a. issue a Writ of Mandamus or other appropriate writ, directing the Respondents to immediately compute, sanction, and release the full benets under the Employees' Pension Scheme, 1995 (EPS) for the entire continuous service period from 1985 till the date of retirement in 2020, without imposing any condition of pre-deposit by the petitioner. 1 Whether reporters of the local papers may be allowed to see the judgment? b. Issue a writ of certiorari to Quash and set aside the illegal and arbitrary directions issued by the Respondents, specically the communications dated 27-10-2021 and 09-12-2021, which demand that the Petitioner personally deposit the employee's share and interest. c. Direct the Respondents to take all necessary administrative and nancial steps, including the deposit of both the requisite employee's and employer's shares, along with applicable interest/penalties, for the period 12.05.2012 to to 31.08.2020, with the relevant Employees' Provident Fund Organization (EPFO) authority, with the entire cost of default, interest, and penalty borne solely by the Respondents and not the Petitioner. d. Direct the Respondents to immediately release the Petitioner's due EPF Employer's contribution for the period 2012-2020 (approximately ₹4,00,000/-) along with compound interest at commercial rates from the date it became due. e. Direct the Respondents to pay the resulting total arrears of pension due to the Petitioner from the date of his retirement (31.08.2020) till the date of actual payment, along with an appropriate rate of interest.” 2. When the case was taken up for consideration today, learned counsel for the petitioner submits that an amount of Rs.3,99, 287/-, which is presently lying deposited with Respondent …2… ( 2026:HHC:32612 ) No. 2, be released in favour of the petitioner, and if same is done, the petitioner will be satis4ed and he will not be pressing any other relief. 3. Learned counsel appearing for Respondent No. 2 submits that the said share of EPF of the petitioner shall be released in his favour. In the light of the respective stand taken by the learned counsel for the petitioner as well as Respondent No. 2, without adjudicating on the issues raised in this petition on merits, the same is disposed of with the direction that an amount of Rs.3,99,287/- be released by Respondent No. 2 in favour of the petitioner forthwith and de4nitely on or before 31st August 2024. 4. As submitted by learned counsel for the petitioner, her statement is taken on record that no other relief as prayed in this petition are being pressed by the petitioner. It is also observed that the petitioner shall not hereinafter put forth any claim with …3… ( 2026:HHC:32612 ) respondent No. 2 and 4. With these observations, petition stands disposed of, so also, the pending applications. (Ajay Mohan Goel) Judge 5th August, 2026. (jai) …4… ( 2026:HHC:32612 )