Authority: Himachal Pradesh High Court, Shimla (Coram: Hon'ble Mr. Justice Sandeep Sharma)

Order Date: 13 October 2023

Case Overview

  • Petitioner: Retired Superintendent Grade II (name not disclosed) who retired upon superannuation.
  • Respondents: Government of Himachal Pradesh (represented by Advocate General and additional advocates).
  • Relief Sought:

1. Payment of entire arrears of revised pay scale from 01‑01‑2016 to 30‑06‑2018 with interest at 9% per annum.

2. Payment of arrears of revised pension from 30‑06‑2018 to date of realization with interest at 9% per annum.

3. Payment of revised gratuity (DCRG), leave encashment, and revised commutation value of pension with interest at 9% per annum from 30‑06‑2018 to realization.

  • Background: After retirement, an office order under Himachal Pradesh Civil Service (Revised Pay) Rules, 2022 (notification dated 03‑01‑2022, circulated 21‑06‑2022) revised the petitioner’s pay scale effective 01‑01‑2016, entitling him to arrears up to 30‑06‑2018, which remained unpaid. A finance department memorandum dated 25‑02‑2022 similarly mandated revision of pension, gratuity, leave encashment, and commutation, which also were not paid.
  • Precedent Reliance: Petitioner's counsel cited the Division Bench judgment in Bhagat Ram v. Himachal Road Transport Corporation (CWP No. 2108 of 2023, dated 31‑05‑2023) which directed payment of pay arrears w.e.f. 01‑01‑2016 to 30‑11‑2020 with interest at 6% per annum and revision of pension, gratuity, and leave encashment with interest at 6% per annum from 01‑12‑2020.
  • Additional Precedents: Similar relief was granted in CWP No. 2421 of 2023 on 15‑06‑2023.

Court's Reasoning & Directions

  • The Court observed that the petitioner’s case is on a similar footing to the cited precedents and therefore allowed the writ petition.
  • Payment of Pay Arrears: Respondents must pay arrears of revised pay scales from 01‑01‑2016 to 31‑05‑2020 with interest at 6% per annum from the due date until realization.
  • Revision of Other Benefits: Respondents must revise and pay pension, gratuity (DCRG), leave encashment, and commutation of pension, each with interest at 6% per annum from 01‑01‑2016 until realization.
  • Compliance Timeline: All payments and revisions must be effected within six weeks from the date of the order.
  • Pending Applications: Any pending miscellaneous applications, if any, are disposed of.

Final Outcome

  • The writ petition is allowed; the Himachal Pradesh Government is directed to settle the specified arrears and revised benefit amounts with 6% annual interest, complying within six weeks.

Topics: Court Order, Employee Benefits, State Government Liability