Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.43 of 2026 Decided on : 02.03.2026 The HPSEBL and Another. ...Appellants Versus Sukhdev Singh
…Respondent. Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the appellants : Ms. Sunita Sharma, Sr. Advocate with Mr. Abhishek Rana, Advocate. G.S. Sandhawalia, Chief Justice (Oral)
CMP No.1684 of 2026
For the reasons stated in the application, delay of 194 days in refiling the appeal and delay of 31 days in filing the appeal is condoned. Application stands disposed of. LPA No.43 of 2026
By way of the present appeal, a challenge has been laid to the order passed by the learned Single Judge in CWP No.3634 of 2025, titled Sukhdev Singh Vs. HPSEBL and Anr. decided on 18.03.2025, whereby the counsel for the appellant had taken the necessary instructions and had undertaken to implement the order. 2. Learned Senior Counsel has now sought to argue the
1Whether the reporters of the local papers may be allowed to see the Judgment? Yes
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matter on the strength of order passed by the Apex Court in Civil Appeal No.3933 of 2023, titled Union of India and Anr. Vs. M. Siddaraj and the clarificatory order dated 20.02.2025 and that the matter has to be reconsidered on account of the fact that the present respondent/writ petitioner had taken directions for consideration from this Court for taking the benefit of the judgment passed in The Director (Admn. and HR) KPTCL And Ors. Vs. C.P. Mundinamani and Others in Civil Appeal No.2471 of 2023. 3. It is further pointed out by the learned Senior Counsel that it is not disputed that the employee/respondent has retired on 31.05.2015 and therefore, the clarification has been made by the Apex Court, as such, wherein it was held that enhanced payment of pension has not to be paid. This Court has dealt with the similar issue in CWP No.411 of 2025, Union of India and Anr. Vs. Jagdish Paul Singh Thakur a/w connected matters. 4. Apparently, the subsequent clarificatory order dated 20.02.2025 passed by the Apex Court, was not brought to the notice of the learned Single Judge, when the impugned order dated 18.03.2025, was passed. 5.
In view of the aforesaid circumstances, we deem it fit to permit the present appellants to approach the learned Single Judge, keeping in view the fact that it was a consent order. Accordingly, the
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present appeal stands disposed of. Pending applications, if any, also stand disposed of. (G.S. Sandhawalia) Chief Justice
(Bipin Chander Negi) Judge 02nd March, 2026 (Gaurav Rawat)