IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 8786 of 2023 Decided on: 9th November, 2023 __________________________________________________________

Ram Lal Sharma ....Petitioner Versus State of H.P. & Others ……Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting?

For the petitioner: Mr. Ashish Verma, Advocate.

For the respondents: Mr. Rajan Kahol, Additional Advocate General for respondents No. 1 to 3.

Ranjan Sharma, Judge (Oral)

Notice. Mr. Rajan Kahol, learned Additional Advocate General appears and waives, service of notice on behalf of respondents No. 1 to 3.

2. The petitioner, having retired from the post of Head Draft Man (HDM) from H.P. Public Works Department of the State Government on 30.4.2020 has filed the instant writ petition praying for the following

1 Whether reporters of Local Papers may be allowed to see the judgment?

relief(s):-

“(i) That respondents may very kindly be directed to pay the entire arreaPrs of revision of pay scale w.e.f. 1.1.2016 up to the date of retirement along with Hinterest @ 9% per annum from the due date till the date of its realization.

ii) That the direcotions may kindly be issued to the respondents department to pay the entire artrears of revised pension from the date of retirement up till date of its realization to the petitioner along with ointerest @ 9% per annum.

Ciii) That the respondents may also be directed to pay revised (DCRG) and revised commutation value of pension to the petitioner alongwith interest @ 9% per annum w.e.f. the date of retirement up till date of its realization that the records of the H case may also be summoned.” 3. Case of the petitioner is that the Respondents- State as per notification dated 03.01.2022, granted revising the pay scale w.e.f. 01.01.2016. Learned counsel for the petitioner submits that consequent upon the issuance of notification, dated 03.01.2022 the Respondents-State was duty bound to grant the benefit of (i) revised pay scales, pay fixation and arrear for the period w.e.f. 01.01.2016 till the date of retirement; and (ii) benefit of revised retiral benefits as per Notification dated 25.02.2022, i.e. revised pension, revised gratuity, revised leave encashment and revised commuted pension to the petitioner-retiree.

4. Learned counsel further submits that firstly Respondents-State have not released the arrears of pay for the period from 01.01.2016 till his retirement, as yet; seco ndly, it is submitted that the Revised Pension, Revised Gratuity, Encashment and Revised Commuted Pension have neither been assessed/sanctioned nor released to the petitioner till day.

5. Learned counsel for the petitioner has placed reliance, on the judgment passed by the Division Bench of this Court, in CWP No. 2108 of 2023, decided on 31.05.2023, titled as Bhagat Ram vs. Himachal Road Transport Corporation and Others, whereby this Court has mandated the respondents to release the arrears of pay as well as revised retiral benefits along with arrears with interest @ 6% per annum from the due date till its realization.

6. On the other hand, Mr. Rajan Kahol, learned Additional Advocate General, for the respondents submits that the judgment in case of Bhagat Ram (Supra) has not attained finality, as the HRTC- Respondent therein have filed a Review Petition, which is pending listing/hearing. He further submits that after the issuance of Notification dated 03.01.2022 (as referred to in Para 3) supra, the State Authorities have issued communication on 17.09.2022, deciding to give the Revised Pay and Revised Arrears to the employees, though in installments. He further submits that the present writ petition does not deal with or disclose these material aspects and therefore, in these circumstances, in case the petitioner approaches the Respondents-

Competent Authority, his case shall be considered in view of existing norms.

7. In addition to the submissions made by learned Additional Advocate General as in Para 6 (supra) perusal of the p