Authority: High Court of Himachal Pradesh, Shimla

Order Date: 7 May 2024

Case Overview

  • Petitioner: Yoginder Kumar Thakur, retired Superintending Engineer (E) of H.P. State Electricity Board Ltd.
  • Respondent: H.P. State Electricity Board Ltd.
  • Petition filed under Article 226 of the Constitution seeking quash of the board’s order dated 8 April 2024 and payment of arrears of pay, pension, gratuity, leave encashment and commutation with interest.
  • The petitioner’s pay scale was revised effective 1 Jan 2016 pursuant to Himachal Pradesh State Electricity Board (Pay Revision) Regulations, 2022; arrears from 1 Jan 2016 to 30 Jun 2019 remained unpaid, a fact not disputed by the board.
  • Pension, gratuity, leave encashment and commutation were also to be revised as per Finance Department memorandum dated 12 Apr 2022, but were not paid.
  • The petitioner relied on earlier High Court judgments: CWP No.2108/2023 (31 May 2023) and CWP No.2421/2023 (15 Jun 2023), where similar relief was granted.

Final Outcome

  • The Court quashed the order dated 8 April 2024.
  • Directed the Board to pay arrears of revised pay from 1 Jan 2016 to 30 Jun 2019 with interest at 6% per annum from the due date until actual payment.
  • Directed revision and payment of pension, gratuity, leave encashment and commutation with interest at 6% per annum from 1 Jan 2016 until actual payment.
  • All payments to be made within six weeks from the date of this order.
  • Any pending applications, if any, were disposed of.

Topics: Employee Benefits, Pension, Legal Relief