Authority: High Court of Himachal Pradesh, Shimla

Order Date: 20 October 2023

Case Overview

  • Petitioner: Pushaphas Kumar Sharma, retired Sr. Executive Engineer (E) of Himachal Pradesh State Electricity Board Ltd (HPSEB).
  • Respondent: Himachal Pradesh State Electricity Board Ltd.
  • Nature of Proceeding: Civil writ petition filed under Article 226 of the Constitution of India seeking payment of arrears of pay, pension, gratuity and leave encashment arising from pay‑scale revision effective 1 January 2016.
  • Background: An office order dated 12 April 2022, issued under the Himachal Pradesh State Electricity Board (Pay Revision) Regulations, 2022, revised the petitioner’s pay scale retroactively from 1 January 2016. Consequently, the petitioner became entitled to arrears of revised pay up to 28 February 2017, as well as revised pension, gratuity and leave encashment. The petitioner alleged that none of these amounts had been paid. The respondent did not dispute the claim of non‑payment.
  • Precedent Cited: The petitioner relied on the Division Bench judgment in CWP No.2108 of 2023 (dated 31 May 2023), which directed payment of arrears of pay w.e.f. 1 January 2016 to 30 November 2020 with 6% interest, and revision of pension, gratuity and leave encashment with 6% interest from 1 December 2020. Similar relief was also granted in CWP No.2421 of 2023 (dated 15 June 2023).

Final Outcome

  • The Court allowed the writ petition, directing HPSEB to pay arrears of pay as per the revision of pay scales w.e.f. 1 January 2016 to 28 February 2017, with interest at 6% per annum from the due date until actual payment.
  • The Court also directed HPSEB to revise and pay the petitioner’s pension, gratuity and leave encashment, with interest at 6% per annum from 1 January 2016 until actual payment.
  • All payments are to be made within six weeks from the date of the order.
  • Any pending applications, if any, are disposed of.

Topics: Legal Relief; Pension & Gratuity Revision; Pay Scale Adjustment