IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Manohar Lal – Appellant
Versus
Himachal Road Transport Corporation (HRTC) & ors. - Respondents
CWP Nos.8846 to 8860, 8862 to 8865 and 9030 of 2023
Decided on : 20-11-2023
Retiral Benefits - Pension - Himachal Pradesh Civil Services (Revised Pay Rules) - Office Memorandum - Leave Encashment - Commuted Pension - CWP No. 8846 of 2023, Manohar Lal vs. State of Himachal Road Transport Corporation and others - CWP No. 2108 of 2023, Bhagat Ram Versus Himachal Road Transport Corporation & others - CWP No.7359 of 2021, Amita Gupta versus State of Himachal Pradesh and others
Fact of the Case:
The petitioners sought direction for granting arrears of revised pension, family pension, and gratuity, revising leave encashment, and deciding their representation in accordance with law.
Finding of the Court:
The court permitted the petitioners to make a fresh representation to the authorities, providing all material details, and directed the respondent-authority to decide the same in the light of existing norms, rules, and law, including relevant judgments.
Issues: Vagueness of the instant petition and non-disclosure of material particulars regarding retiral benefits due and released.
Ratio Decidendi: The court allowed the petitioners to make a fresh representation with all material details and directed the respondent-authority to decide the same in the light of existing norms, rules, and law, including relevant judgments.
Final Decision: The writ petitions and pending miscellaneous application(s) were disposed of accordingly, without the court delving into the merits of the matter.
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Dheeraj K. Vashisht, Advocate appears and waives service of notice on behalf of the respondents, in all the petitions.
2. Learned counsel for the petitioner(s) submits that since the facts and relief(s), claimed for, by all the petitioner(s), in the present petitions, listed today, are same/similar, therefore, all the writ petitions may be taken up together for disposal, at this stage. The prayer being innocuous, is not opposed by Mr. Dheeraj K. Vashisht, learned counsel, and is accordingly granted, in the interests of justice.
3. With the consent of parties, all the connected cases are taken up for disposal, at this stage.
4. In order to facilitate the adjudication of the matters, learned counsel for the petitioners has placed on record the following Chart, indicating the incumbency of the petitioner(s) i.e. date of appointment, date of retirement and the post, so as to claim the retiral benefits which are still unpaid to them:-
| Sr. No. | Writ No. | Name | Date of Joining | Date of Retirement | Designation |
| 1. | 8846 of 2023 | Manohar Lal | 1990 | 31.10.2018 | Inspector |
| 2. | 8847 of 2023 | Pawan Kumar | 1989 | 30.06.2019 | Inspector |
| 3. | 8848 of 2023 | Dev Raj | 1979 | 31.05.2018 | Chief Inspector |
| 4. | 8849 of 2023 | Ramesh Chand | 1.10.1974 | 31.1.2013 | Inspector |
| 5. | 8850 of 2023 | Bachitar Singh | 1982 | 31.1.2019 | Inspector |
| 6. | 8851 of 2023 | Gorakh Ram | 1982 | 30.6.2019 | Inspector |
| 7. | 8852 of 2023 | Tarsem Lal | 1983 | 31.5.2019 | Inspector |
| 8. | 8854 of 2023 | Bhupinder | 1984 | 31.3.2016 | Conductor |
| 9. | 8853 of 2023 | Ravinder | 1998 | 31.3.2020 | Conductor |
| 10. | 8855 of 2023 | Karnail Singh | 1995 | 30.11.2019 | Drive |
| 11. | 8857 of 2023 | Kamlesh Chan | 1998 | 29.2.2022 | Conductor |
| 12. | 8858 of 2023 | Hukam Chand | 1983 | 31.1.2019 | Inspector |
| 13. | 8859 of 2023 | Jagdish Chand | 1982 | 31.5.2017 | Sub-Inspector |
| 14. | 8860 of 2023 | Dhain Singh | 1983 | 31.7.2020 | Inspector |
| 15. | 8862 of 2023 | Karpal Singh | 1989 | 31.2.2019 | Conductor |
| 16. | 8863 of 2023 | Harnam Singh | 1989 | 28.2.2019 | Conductor |
| 17. | 8864 of 2023 | Naresh | 1994 | 30.4.2020 | Driver |
| 18. | 8865 of 2023 | Vijay | 1985 | 31.5.2016 | Inspector |
| 19. | 9030 of 2023 | Santosh Kumar | 1998 | 31.5.2022 | Driver |
| 20. | 8856 of 2023 | Subhash Chand | 1994 | 31.8.2019 | Sub- Inspector |
5. As prayed for, by Shri Ashok Kumar, Learned Counsel for the petitioner(s), that facts and relief(s) prayed for in all cases being similar, the facts from lead case i.e. CWP No. 8846 of 2023 titled as Manohar Lal vs. State of Himachal Road Transport Corporation and others, may be taken for adjudication. Accordingly, the facts-reliefs from above lead case are discussed hereafter.
6. The petitioners have filed the instant petition seeking the following relief(s):-
ii That respondent may kindly be directed to Revise the Leave Encashment to the petitioner on the basis of last pay drawn as now been re-fixed and to make the payment with interest within a time bond manner.
iii The respondents may kindly be directed to consider and decide the Representation (Annexure P-4) of the Petitioner accordance with law with in time manner.”
7. The learned counsel for the petitioner(s) submits that the representation dated 01.06.2023 (Annexure P-4) is pending, whereby, in terms of Himachal Pradesh Civil Services (Revised Pay Rules) dated 25.02.2022, giving the Revised Pay Scales w.e.f. 01.01.2016 and the Office Memorandum dated 25.02.2022 issued by the State Government giving Revised Pension/Gratuity/Commuted pension w.e.f. 01.0
The importance of providing material details in petitions and the authority's obligation to decide representations in accordance with existing norms, rules, and law, including relevant judgments.
The court's decision emphasized the right of the petitioner to make a representation for claiming arrears of pay, pension, leave encashment, and commuted pension under the relevant rules.
The court's decision emphasized the right of the petitioner to seek benefits under the relevant rules, allowing for a representation to be made.
The central legal point established in the judgment is the entitlement of employees to revised retirement benefits as per government notifications and the obligation of the employer to release the be....
Government servant quitting or resigning without superannuation forfeits past service under CCS (Pension) Rules, 1972, rendering ineligible for pension (needs 20 years pre-1986), gratuity, leave enca....
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