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2026 DAILYLAW 26006 (HP)

PURAN DASS v. STATE OF HP AND OTHERS

EX.P./1036/2026 · 2026-10-09

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Ex.Pet No.1036 of 2026 Decided on: 09.10.2026 _________________________________________________________________ Puran Dass ....Petitioner Versus State of HP and Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Yamini Thakur, Advocate vice Mr. Virender Thakur, Advocate. For the respondents: Ms. Seema Sharma, Deputy Advocate General. Jyotsna Rewal Dua, Judge Following order was passed by this Court in present petition on 07.10.2026:- “Pursuant to the final opportunity granted to the respondents to comply with the judgment rendered on 11.11.2024, the respondents have filed a compliance affidavit alongwith consideration order dated 08.09.2026. The said consideration order, despite recording that petitioner has to his credit 7 years, 2 months and 25 days of regular service and also 2 years of qualifying service against his eligible daily wage service in view of Sunder Singh Versus 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - The State of Himachal Pradesh & Ors.2 and Balo Devi & others Versus State of Himachal Pradesh and others3, in which manner total service falling to the credit of the petitioner in light of Sundar Singh1 & Balo Devi2 has been computed as 9 years, 2 months and 25 days, yet petitioner's case for grant of pension has been turned down on the ground that he does not possess 10 years of requisite service as required under the CCS (Pension) Rules 1972. Apparently, while issuing the consideration order, respondent No. 2, Director, Animal Husbandry, Himachal Pradesh, has not at all gone through the decision rendered in Sundar Singh1 & Balo Devi2 in terms of which petitioner’s case was required to be considered. At this stage, learned Deputy Advocate General seeks two days’ time to come up with fresh consideration order. Payer is allowed, however, subject to costs of Rs.10,000/- to be paid to the petitioner on the next date of hearing. List on 09.10.2026.” 2. Pursuant to order, the learned Deputy Advocate General has handed over a bank draft in the sum of ₹10,000/- drawn in the name of the petitioner to his learned counsel towards costs imposed in the aforesaid order. Learned Deputy Advocate General has also placed on record order dated 08.10.2026 from the Director, Animal Husbandry, Himachal Pradesh conveying issuance of fresh consideration order dated 08.10.2026 extending benefit of 2 Civil Appeal No.6309 of 2017, decided on 08.03.2018 3 Civil Appeal No.4792 of 2022, decided on 18.07.2022 - 3 - Sunder Singh2 and Balo Devi3 in favour of the petitioner. Copy of aforesaid order has also been appended alongwith office instructions. In terms office order dated 08.10.2026, petitioner is now entitled to pension from due date. Learned Deputy Advocate General submits that the aforesaid office order dated 08.10.2026 shall be implemented within four weeks from today and due and admissible pension alongwith pension arrears, if any, shall be released to the petitioner within the aforesaid period. 3. In view of above, this execution petition is disposed of. Liberty, however, is reserved to the petitioner to seek appropriate remedy for the redressal of his surviving grievances, if any, in accordance with law. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge October 9, 2026 R.Atal