IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 8787 of 2023 Decided on: 09.11.2023 Lal Chand ……..Petitioner Versus H.P. State Electricity Board Ltd.

…….Respondent Coram HON'BLE MR. JUSTICE RANJAN SHARMA, JUDGE WHETHER APPROVED FOR REPORTING?

For the petitioner : Mr. Parkash Sharma, Advocate.

For the respondents : Mr. Raj Pal Thakur, Advocate.

Ranjan Sharma, (Oral)

Notice. Mr. Raj Pal Thakur, learned counsel for the respondent waives notice on behalf of the hrespondent.

g2. The petitioner, being a post 1.1.2016 retiree, (as Senior Executive Engineer (E) on 31.03.2022) has filed the instant writ petition, with the following prayers:-

i) “That the respondent Board may kindly be directed to release the amount of arrears of pay and pension, leave encashment which became due as a result of revision of pay scales w.e.f. 1.1.2016 at once in one installment alongwith interest there on @ 9% from the date it became due till the amount is actually paid; P ii) That the respondent B.oard may kindly be directed to release the differential amount of communication and revised Gratuity at Annexure P-3 immediately ino one installment alongwith interest @ 9%.”

2. Case of the petitioner, as submitted by the learned counsel, uis that the Respondent-Board has framed the Himachal Pradesh State Electricity Board Ltd (Revised Pay) Regulations, 2022, as per Notification dated 12.04.2022, revising the pay scale w.e.f. 01.01.2016. Learned counsel for the petitioner submits that consequent upon the issuance of notification dated 12.04.2022 Respondent-Board was duty bound to grant the benefit(s) of (i) revised pay scale, 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 i.e. Revised Pension, Revised Gratuity, Revised Leave Encashment and Revised Commuted Pension to the petitioners-retirees.

3. Learned Counsel further submits that firstly, the Respondent-Board has not released the arrears of p.ay for the period from 1.1.2016 till his retirement on 31.03.2022, as yet; He further submits that secondly though the revised PPO, giving the Revised Pension and fixation has been issued on 8.12.20f22 (Annexure P-1) but in fact, the admissible Arrears of Revised Pension w.e.f. 1.1.2016 till date and even the Revised Leave Encashment arrears has not been released as yet; and thirdly, as per Annexure P-3, dated 12.12.2022 though the Revised Gratuity has been sanctioned but actual monetary benefits has not been released till day; and fourthly, the Revised Leave Encashment and Revised Commuted Pension has neither been assessed/sanctioned nor these benefits have been released to the petitioners till day.

i4. 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, titled as Bhagat Ram vs. Himachal Road Transport Corporation and Others, decided on 31.05.2023, whereby this Court has mandated the respondents to release the arrears of pay as well as revised retiral benefits alongwith arrears with interest @ 6% per annum from the due date till its realization. .

5. On the other hand, Mr. Raj Pal Thakur, Learned counsel for the respondent submits that the judgment in case of Bhagat Ram (Supra), has not attained finality, as the HRTC-Respondent therein, has ffiled a Review Petition, which is pending listing/hearing.

6. Faced with this situation, the Learned Counsel for the petitioner, on instructions, submits that the petitioner shall be satisfied, in case, this Court permits him to make a representation to the competent authority for claiming the above benefits. The prayer being innocuous is not opposed and needs to be granted.

7. Accordingly, as prayed for, by the Learned Counsel for the petitioner, this Court permits the petitioner ito make a fresh representation, to the Respondent-

Executive Director (Personnel) H.P. State Electricity Board Ltd within three weeks from today; with further directions to the said author