Authority: High Court of Himachal Pradesh, Shimla

Order Date: 31 May 2023

Case Overview

  • Petitioner: Bhagat Ram, former Instructor/Driver of Himachal Road Transport Corporation (HRTC), retired on 30 Nov 2020 upon superannuation.
  • Respondents: Himachal Road Transport Corporation and other officials of the corporation.
  • After retirement, an office order dated 01 Dec 2022 revised the petitioner’s salary retrospectively w.e.f. 01 Jan 2016 under the Himachal Pradesh Civil Service (Revised Pay) Rules, 2022, notified by the Department of Finance (Pay Revision) on 03 Jan 2022 and circulated via Head Office Memorandum on 21 Jun 2022.
  • The petitioner claimed entitlement to arrears of revised pay for the period 01 Jan 2016 to 30 Nov 2020, which had not been paid; the respondents did not dispute this non‑payment.
  • Additionally, a finance department memorandum dated 25 Feb 2022 (Annexure P‑2) directed revision of pension, gratuity and leave‑encashment benefits for retired employees after 01 Jan 2016. The petitioner alleged these revisions were also not effected.
  • The petitioner relied on a prior judgment of this Court (CWP No. 3050 of 2014, dated 17 Jul 2014) where the Court observed that HRTC could not release the amount due to a financial crunch, but emphasized that pension and gratuity are constitutional property and must be paid. That judgment noted a meagre pension of Rs 7,512 per month and a request to the State Government for sanction of Rs 3,100 lac to meet gratuity and leave‑encashment liabilities.

Final Outcome

  • The Court allowed the writ petition and directed HRTC to pay the arrears of revised salary as per the revised pay scales w.e.f. 01 Jan 2016 to 30 Nov 2020, with interest at 6% per annum from the due date until actual realization, as detailed in Annexure P‑2.
  • The Court further directed HRTC to revise the petitioner’s pension, gratuity (DCRG) and leave‑encashment in accordance with Annexure P‑2 and to pay the revised amounts with interest at 6% per annum from the due date of 01 Dec 2020 until realization.
  • All pending miscellaneous applications, if any, were disposed of accordingly.

Topics: Pension, Salary Arrears, Public Transport Corporation