Authority: High Court of Himachal Pradesh, Shimla

Order Date: 18 October 2023

Case Overview

  • Parties: petitioner Er. Gian Chand, a retired Senior Executive Engineer (C/M) of Himachal Pradesh State Electricity Board Limited (respondent).
  • Nature of Proceeding: Civil Writ Petition (No. 7897 of 2023) filed under Article 226 of the Constitution seeking payment of arrears of pay, pension, gratuity, leave encashment and commutation of pension.
  • Background: After retirement, 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 effective 1 January 2016. Consequently, the petitioner became entitled to arrears of revised pay for the period 1 Jan 2016 – 31 Dec 2018, which he alleges remain unpaid. The same order also mandated revision of pension, gratuity, leave encashment and commutation of pension benefits for retired employees from 1 Jan 2016, which the petitioner claims have not been implemented.
  • Reliance on Precedent: 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 (revision effective 1 Jan 2016 – 30 Nov 2020) with 6% interest per annum and similar revisions for pension, gratuity and leave encashment. The same bench had also granted relief in CWP No. 2421 of 2023 on 15 June 2023.
  • Court Observations: Both counsel accepted that similar relief had been granted in the aforementioned cases. The Court therefore found the petitioner’s claim to be on a similar footing.

Final Outcome

  • The respondents (HPSEBL) are directed to pay arrears of pay as per the revision of pay scales from 1 January 2016 to 31 December 2018, with interest at 6% per annum from the due date until actual realization.
  • The respondents must also revise and pay the petitioner’s pension, gratuity, leave encashment and commutation of pension, each with interest at 6% per annum from 1 January 2016 until realization.
  • All directions are to be complied with within six weeks from the date of this order.
  • Any pending applications, if any, are disposed of.

Topics: Court Order, Pension & Pay Arrears, State Electricity Board