Authority: High Court of Himachal Pradesh, Shimla
Order Date: 22 March 2024
Case Overview
- Petition filed by Himachal Pradesh Secretariat & other Affiliated Pensioners Welfare Association seeking release of arrears of pension, gratuity, leave encashment, and commutation from 01‑01‑2016, with 9% interest, citing Revised Pay Rules 2022 and Office Memorandum dated 25 February 2022.
- Respondents (State of Himachal Pradesh and others) acknowledged the claim but cited financial constraints and lack of resources as defence for non‑payment.
- The Court examined the legal position that once a pensionary right vests, it cannot be withheld indefinitely, referencing Supreme Court judgment in Punjab State Cooperative Agricultural Development Bank Ltd. v. Registrar Cooperative Societies (2022) and earlier Himachal High Court decisions (CWP Nos. 6611/2023 and 5651/2023).
Final Outcome
- The petition is allowed. Respondents are directed to pay the balance of dues to the association members in accordance with Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 and the Office Memorandum of 25 February 2022, with interest at 6% per annum.
- Payment must be made within six weeks from the date of this judgment. All pending applications are disposed of.
Topics: Pension Rights, Government Liability