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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
L.R. Kaundal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner, L.R. Kaundal and 50 others having retired from service of Himachal Pradesh State Handicraft and Handloom Corporation, filed an Original Application No. 5325 of 2016 before State Administrative Tribunal and upon abolition of Tribunal, the matter came to be transferred to this Court, as CWPOA No.332 of 2020, seeking the following reliefs:-
“(i). That the impugned communications dated 19.1.2016 and 17.2.2016 between the Respondents No. 1 and 2 wherein respondent No1 has restricted its liability to the extent of statutory pension only by releasing part of grant in aid to the extent of Rs. 40 lakhs instead of Rs. 87,61,695/- and further directing the respondent Corporation No.3 to consider the case for release of enhanced dearness relief from time to time to its retiree being illegal, violative to Pension Scheme (Annexure A-1) and CCS Pension Rules be declared void abinitio, and hence set aside. Further respondent No.1 i.e. department of finance, Government of H.P. be directed to release entire grant in aid so that the arrears of dearness allowance for the period with effect from July, 2015 to March,
The Supreme Court upheld the repeal of the pension scheme, affirming the State's authority to set a cut-off date for pension eligibility and the binding nature of prior judgments.
The court affirmed that dearness allowance for pensioners is a statutory right under Rule 20A and cannot be altered by administrative orders, emphasizing the finality of judicial decisions.
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
Delay and latches in challenging the seniority is always fatal.
The Pension Scheme applies to all qualifying service, including time served before receiving grant-in-aid, ensuring entitlement to pension for eligible employees.
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