RAVI KANT KAUSHAL v. STATE OF HP AND OTHERS
Court: High Court of Himachal Pradesh
Bench: HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Judgment date:
Case summary
High Court of Himachal Pradesh judgment dated 2024-05-21. RAVI KANT KAUSHAL v. STATE OF HP AND OTHERS. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP-4586 of 2023 along with connected matters Date of decision: 21. 05. 2024 1. CWP-4586 of 2023 Tika Ram. ... Petitioner. Versus The State of HP and Another. ... Respondents. 2. CWP-4204 of 2023 Dara Singh Dehal. …Petitioner. Versus The State of HP and Another. ... Respondents. 3. CWP-4587 of 2023 Rameshwar Dutt Sharma. …Petitioner. Versus The State of HP and Another. ... Respondents. 4. CWP-4894 of 2023 Brij Lal. …Petitioner. Versus State of HP and Others. ... Respondents. 5. CWP-5453 of 2023 Ravi Kant Kaushal. …Petitioner. Versus State of HP and Others. ... Respondents. -2- 6. CWP-5831 of 2023 Het Ram Sharma. …Petitioner. Versus State of HP and Others. ... Respondents. 7. CWP-5832 of 2023 Dinesh Kumar Garg. …Petitioner. Versus State of HP and Others. ... Respondents. 8. CWP-5833 of 2023 Bhagwan Singh Verma. …Petitioner. Versus State of HP and Others. ... Respondents. 9. CWP-5920 of 2023 Rattani Devi. …Petitioner.
Versus State of HP and Others. ... Respondents. 10. CWP-5962 of 2023 Veena Kumari. …Petitioner. Versus State of HP and Others. ... Respondents. 11. CWP-5990 of 2023 Beena Sharma. …Petitioner. Versus State of HP and Others. ... Respondents. -3- 12. CWP-6022 of 2023 Prabhat Chand Chaudhary. …Petitioner. Versus State of HP and Others. ... Respondents. 13. CWP-6023 of 2023 Manorma Devi. …Petitioner. Versus State of HP and Others. ... Respondents. 14. CWP-6282 of 2023 Rameshwari Devi. …Petitioner. Versus State of HP and Others. ... Respondents. 15. CWP-6283 of 2023 Subhash Chand. …Petitioner. Versus State of HP and Others. ... Respondents. 16. CWP-6284 of 2023 Gaitri Devi. …Petitioner. Versus State of HP and Others. ... Respondents. 17. CWP-6340 of 2023 Surender Kumar Thakur & Ors. …Petitioners. Versus State of HP and Others. ... Respondents. -4- 18. CWP- 6448 of 2023 Ram Kumar. …Petitioner. Versus State of HP and Others. ... Respondents. 19. CWP-6449 of 2023 Mohinder Singh Rana.
…Petitioner. Versus State of HP and Others. ... Respondents. 20. CWP-6450 of 2023 Matinder Kumar. …Petitioner. Versus State of HP and Others. ... Respondents. 21. CWP-6451 of 2023 Udham Singh Guleria. …Petitioner. Versus State of HP and Others. ... Respondents. 22. CWP-6452 of 2023 Ram Murthi Lath. …Petitioner. Versus State of HP and Others. ... Respondents. 23. CWP-6514 of 2023 Joginder Pal. …Petitioner. Versus State of HP and Others. ... Respondents. -5- 24. CWP-6515 of 2023 Surinder Kumar Sharma. …Petitioner. Versus State of HP and Others. ... Respondents. 25. CWP- 7753 of 2023 Mohan Lal. …Petitioner. Versus State of HP and Others. ... Respondents. 26. CWP-7773 of 2023 Harbans Singh Dewanta. …Petitioner. Versus State of HP and Others. ... Respondents. 27. CWP-8045 of 2023 Ram Swaroop Thakur. …Petitioner. Versus State of HP and Others. ... Respondents. 28. CWP-8322 of 2023 Shadi Ram. …Petitioner. Versus State of HP and Others. ... Respondents. 29.
CWP-8336 of 2023 Yashpal Singh Negi. …Petitioner. Versus State of HP and Others. ... Respondents. -6- 30. CWP-9154 of 2023 Bala Laxmi Thakur. …Petitioner. Versus State of HP and Others. ... Respondents. 31. CWP-10095 of 2023 Mala Laxmi. …Petitioner. Versus State of HP and Others. ... Respondents. 32. CWP-10703 of 2023 Saroj Bala. …Petitioner. Versus State of HP and Others. ... Respondents. 33. CWP-10959 of 2023 Ashok Kumar. …Petitioner. Versus State of HP and Others. ... Respondents. 34. CWP-8564 of 2023 Hem Ram Sharma. …Petitioner. Versus State of HP and Others. ... Respondents. 35. CWP-9461 of 2023 Renu Kumari. …Petitioner. Versus State of HP and Others. ... Respondents. -7- 36. CWP-5834 of 2023 Madan Lal Sharma. …Petitioner. Versus State of HP and Others. ... Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. 1 Whether approved for reporting? For the petitioners : Mr. M. A. Safee, Mr. Pranav Kumar Kaushal, Mr. Sameer Miyan, Mr. Ashok Chaudhary, Mr. Onkar Jairath, Mr.
Aditya Kaushal, Mr. Vikas Rathore, Mr. Vinod Chauhan, Mr. Bhupinder Kumar, Mr. Manish Thakur, Mr. Shiv Pal Manhans, Mr. Ravi Kant Kaushal, Mr. Ashwani Chawla and Mr. Rakesh Chauhan, for their respective petitions. For the respondents : Mr. L. N. Sharma, Mr. Dalip K. Sharma and Mr. Rajesh Kosh, Additional Advocates General, for the respondent(s)/State. : Mr. Tara Chand Chauhan, Mr. Rangil Singh and Mr. Chitranjan Kumar Sharma, for respondent(s)/Account General. Jyotsna Rewal Dua, Judge (Oral): All these petitions are with the prayers for grant of revised pay scale w. e. f. 01. 01. 2016 along with consequential benefits on that basis. Involving common Whether reporters of Local Papers may be allowed to see the judgment? Yes -8- questions of law and facts, these are taken up together for decision. 2. The petitioners’ case is that they had retired from the service of the respondents between 01. 01. 2016 to 31. 01. 2022.
The respondent promulgated Himachal Pradesh Civil Services (Revised Pay), Rules, 2022, vide notification dated 03. 01. 2022. The Rules were brought into force on and w. e. f. 01. 01. 2016. 3. The above notification was followed by office memorandum dated 25. 02. 2022 and thereafter, by office memorandum dated 17. 09. 2022. In terms of these office memorandums, the revised pay scale w. e. f. 01. 01. 2016 and consequent benefits were ordered to be released in piece-meal manner without even indicating, the time schedule for releasing the same. In the aforesaid circumstances, the petitioner(s) instituted these petitions, inter alia, claiming the following reliefs (extracted from CWP No. 4586 of 2023; ‘Tika Ram vs. State of H. P. & Anr. ’) : - “(i) That the Writ of Certiorari or any other appropriate writ order or direction may kindly be issued quashing and setting aside the Office Memorandum dated -9- 17. 09.
2022 (Annexure P-5) whereby the Respondents have put a cap on the release of retiral benefits as are due to the Petitioner. (ii) That the Writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to release the entire arrears of retiral benefits i. e. Death-cum-Retirement Gratuity, Commuted Value of Pension etc. to the Petitioners which have accrued in his favour on account of Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 as well as Office Memorandum dated 25. 02. 2022 along with 9% p. a. (iii) That the Writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to release the arrears on account of the delayed payment along with interest @ 12% p. a. ” 4. During hearing of the cases, learned counsel for the petitioners submitted that in view of Office memorandum -10- dated 13. 03. 2024 passed by the respondents, relief No.
(i) does not survive. The petitioners, however, have insisted upon the grant of reliefs No. (ii) and (iii) above. 5. Learned counsel for the petitioners submitted that the cases of the petitioners and the reliefs prayed by them are squarely covered in terms of judgments passed by Division/Coordinate Benches of this Court in CWP No. 2473 of 2022 titled as ‘Sh. Salig Ram Chauhan vs. Himachal Pradesh Horticulture Produce Marketing and Processing Corporation Ltd. & Anr. ’ dated 04. 07. 2023; CWP No. 8776 of 2023 titled as ‘Surya Prakash vs. State of H. P. & Ors. ’ dated 06. 03. 2024; CWP No. 3424 of 2024 titled as ‘Er. Balwant Singh vs. H. P. State Electricity Board Ltd. ’ dated 29. 04. 2024; CWP No. 3810 of 2024 titled as ‘Yoginder Kumar Thakur vs. H. P. State Electricity Board Ltd. ’ dated 07. 05. 2024; CWP No. 6611 of 2023 titled as ‘Surinder Singh vs. State of Himachal Pradesh & Anr. ’ dated 19. 09. 2023; CWP No. 5651 of 2023 titled as ‘Dr. Sunil Kumar Chandel & Ors. vs.
State of Himachal Pradesh & Ors. ’ dated 26. 09. 2023; CWP No. 8075 of 2023 titled as ‘Sh. Yuvraj Verma vs. State of H. P. & Ors. ’ dated 20. 10. 2023; -11- CWP No. 8180 of 2023 titled as ‘Umesh Kumar Gupta vs. HPSEBL’ dated 30. 10. 2023; CWP No. 8192 of 2023 titled as ‘Ramesh Chauhan vs. HPSEBL’; and CWP No. 9201 of 2023 titled as ‘Jagat Singh vs. State of Himachal Pradesh & Ors. ’ dated 22. 11. 2023. In the aforesaid decisions, the respondent-State has been directed to pay arrears of pay as per revision of pay scale w. e. f. 01. 01. 2016 till date of the retirement of the petitioners with interest @ 6% per annum from due date till the date of realization, further the respondents have been directed to revise the pension, gratuity, leave encashment and computation of pension, as admissible to the petitioners and pay the same along with interest @ 6% per annum w. e. f. due dates till the dates of realization within a period of six weeks. 6.
The respondents in their short reply have not disputed the factual position of the case. Learned Additional Advocate General has not disputed that the relief prayed for by the petitioners have been granted in the aforesaid different decisions rendered in different petitions. Hence, for the reasons alike, these writ petitions are allowed and -12- disposed of with the direction to the respondents to pay the balance and due amount to the petitioners in terms of Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, inclusive of arrears on account of revised pay scale/ pension/Death-cum-Retirement Gratuity/Commutation of pension/ family pension/ leave encashment along with interest @ 6% per annum from due date within a period of three months. Pending miscellaneous applications, if any, also stand disposed of. (Jyotsna Rewal Dua) st 21 May, 2024 Judge (Pardeep)
Source: High Court of Himachal Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.