Authority: High Court of Himachal Pradesh, Shimla
Order Date: 06.11.2026
Case Overview
- Petitioner: Bhagat Ram; Respondents: Himachal Road Transport Corporation and others.
- Petition filed seeking payment of arrears of revised pay scale, pension, gratuity, leave encashment, and quashing of certain 2022 notifications and office memoranda.
- Reliefs sought included: (i) arrears of revised pay scale from 01.01.2016 to 30.11.2020 with 9% per annum interest; (ii) revision and payment of pension, gratuity (DCRG), and leave encashment with 9% interest from 01.12.2020; (ii)(a) declaration that clause 13 of notification dated 03.01.2022 is illegal; (ii)(b) declaration that Board of Directors decision dated 22.03.2022 is illegal; and related quashings.
- The Court noted similarity with CWP No. 8504 of 2025 (Madhu Deshta vs. State of Himachal Pradesh) and applied its reasoning mutatis mutandis.
Final Outcome
- Petition allowed in accordance with the decision dated 31.10.2026 in Madhu Deshta case.
- Rule 13 of Himachal Pradesh Civil Services (Revised Pay) Rules dated 03.01.2022 declared inoperative for being oppressive and violating Article 300‑A.
- Para 10 of Office Memorandum dated 25.02.2022 quashed for violating CCS (Pension) Rules 1972.
- Para 8.2 of the same Office Memorandum quashed for contravening CCS (Computation of Pension) Rules 1981.
- Action of State Authorities withholding revised Leave Encashment arrears quashed.
- State Authorities directed to release entire arrears of revised pay to petitioner in two equal instalments: first lump‑sum on or before 15 December 2026, second lump‑sum on or before 28 February 2027.
- State Authorities directed to release entire arrears of revised retirement benefits (pension/family pension, gratuity/DCRG, leave encashment, commuted pension) in the same two instalments.
- Interest at 6% per annum to be paid from 01.06.2022 (date of payability) until release of benefits, including on any unpaid amount due before the stipulated instalment dates.
- Directions from Madhu Deshta judgment (CWP No.8504 of 2025) applied mutatis mutandis, including extensions of all admissible benefits as per Paras 28 (vi) to (viii) of that judgment.
- Any decision of the Corporation contrary to the Madhu Deshta verdict declared unenforceable; disbursement of revised pay scale and family pension to be governed by that verdict.
- Miscellaneous applications pending are disposed of accordingly.
- Reporters of local papers permitted to view the judgment.
Topics: Judicial Relief, Pension & Pay Arrears