Authority: High Court of Himachal Pradesh, Shimla

Order Date: 19 October 2023

Case Overview

  • Petitioner: Arun Kumar, retired Senior Executive Engineer (C/M) of Himachal Pradesh State Electricity Board Limited (HPSEBL).
  • Respondent: Himachal Pradesh State Electricity Board Limited.
  • Petition filed under Article 226 of the Constitution seeking arrears of pay, pension, gratuity, leave encashment and commutation arising from pay‑scale revision effective 01‑Jan‑2016.
  • Pay‑scale revision was effected through Himachal Pradesh State Electricity Board (Pay Revision) Regulations, 2022, via Head Office Memorandum dated 12‑Apr‑2022.
  • The petitioner claimed arrears for the period 01‑Jan‑2016 to 31‑Aug‑2017 and revisions to pension, gratuity, leave encashment and commutation, none of which had been paid.
  • The Court noted that similar petitions (CWP No.2108 of 2023 decided on 31‑May‑2023 and CWP No.2421 of 2023 decided on 15‑Jun‑2023) were granted relief on identical grounds.

Final Outcome

  • The Court directs HPSEBL to pay arrears of revised pay for the period 01‑Jan‑2016 to 31‑Aug‑2017 with interest at 6% per annum from the due date until actual payment.
  • HPSEBL must also revise and pay pension, gratuity, leave encashment and commutation of pension, each with interest at 6% per annum from 01‑Jan‑2016 until actual payment.
  • All directions are to be complied with within six weeks from the date of this order (i.e., by early December 2023).
  • Any pending applications, if any, are disposed of.

Topics: Pay Revision, Pension & Gratuity Settlement