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2025 Supreme(HP) 358

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Joginder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.A. Safee.
For the Respondents:Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, Mr. Rangil Singh.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition, petitioner has prayed for the following main relief:

“(i) That a Writ in the nature of Certiorari or any other appropriate writ order or directions may kindly be issued quashing the impugned communication/rejection order dated 18.07.2024 (Annexure P-6)being patently illegal, arbitrary and unconstitutional.

(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 grant the annual increment due to the Petitioner on 01.05.2020, and the Pension Payable to the Petitioner be ordered to be re-fixed accordingly.

(iii) The respondents may further be directed to pay to the petitioner the consequential increased amount of pension from the date of superannuation, along with the arrears plus interest thereon @9% per annum.”

2. Despite repeated opportunities, no reply has been filed on behalf of respondents. Petitioner herein retired as Circle Head Draughtsman on 30.04.2020 from the office of Engineer-in-Chief, PWD, Nirman Bhawan, Shimla. Though, annual increment of the petitioner was due on 01.05.2020, but same was not paid to him on account of fact that he

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