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High Court of Himachal Pradesh · body

2026 DAILYLAW 6486 (HP)

MADHUBAN AND OTHERS v. THE HRTC AND OTHERS

CWP/109/2026 · 2026-01-05

Sandeep Sharma

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.109 of 2026 Date of Decision: 05.01.2026 _______________________________________________________ Madhuban and Others …….Petitioners Versus HRTC and Another ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Rakesh Kumar and Mr. Ashok Kumar, Advocates. For the Respondents: Mr. Ajay Singh, Advocate, vice Mr. Deepak Sharma, Advocate. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioners have prayed for following main reliefs: “1. That it is most respectfully prayed that this Hon’ble Court may kindly issue a writ in the nature of Certiorari, quashing and setting aside the office order dated 30.10.2025, to the extent of the release of arrears part of pension as per notification dated 07.01.2012. 2. That it is most respectfully prayed that this Hon’ble Court may kindly issue a direction to the respondent corporation to pay the balance amount of pension arrears to the petitioner in a single installment.” 2. Bare perusal of communication dated 30.10.2025 issued under the signatures of Financial Advisor & C.A.O., H.P. Transport Corporation, Shimla, addressed to Branch Manager, Kangra Central Cooperative Bank Ltd., Kullu, District Kullu (Annexure P-5 Colly), reveals 1Whether the reporters of the local papers may be allowed to see the judgment? 2 that sums of 87,272/-, 1,05,411/- & 90,922/- are payable to the ₹ ₹ ₹ petitioners respectively, on account of arrears of enhanced pension, but vide communications, detailed hereinabove, afore amount has been decided to be released in installments along with monthly pension, as per instructions dated 07.01.2012 issued by the Government of Himachal Pradesh. 3. Mr. Ajay Singh, Advocate, vice Mr. Deepak Sharma, Advocate, while putting in appearance on behalf of respondents- Corporation, states that that due to financial constraints, decision has been taken to release the arrears in installments. 4. Mr. Ashok Kumar, learned counsel representing the petitioners, states that all the petitioners are senior citizens and as such, instructions dated 07.01.2012 issued by the Government of Himachal Pradesh, sought to be applied in the case of the petitioners, cannot be made applicable for the reason that petitioners herein are in urgent need of money for their medical treatment and other domestic purposes. He further states that recently Government of Himachal Pradesh has taken a decision to release arrears of pension to all the persons who have attained the age of 70 years in one installment. 5. Since it is not in dispute that amount, as detailed hereinabove, is payable to the petitioners on account of arrears of enhanced pension, coupled with the fact that all the petitioners are senior citizens, this Court is of the view that instructions dated 3 07.01.2012 issued by the Government of Himachal Pradesh cannot be made applicable in the case of senior citizens, who, at the fag end of their lives, may be in dire need of funds for various purposes, including medical treatment etc. Moreover, this Court finds that amount payable to the petitioners is not hefty and can be ordered to be released in one go. 6. Consequently, in view of the above, present petition is disposed of with the direction to respondents to ensure that amount payable to the petitioners, on account of arrears of enhanced pension, is released in one installment expeditiously, preferably, within a period of six weeks. Pending applications, if any, also stand disposed of. p` (Sandeep Sharma), Judge January 05, 2026 (Rajeev Raturi)