IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9896/2024 Decided on: 16.07.2025 Hukam Chand …Petitioner Versus State of H.P. & Ors. .…Respondents.

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Coram o Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1 For the petitioner: rMr. Devender Sharma and Mr. C.N.

Singh, Advocates.

For the respondents: Mr. Rajat Choudhary, Assistant o Advocate General, for respondents No.1 to 3.

Mr. Rangil Singh, Advocate, for respondent No.4.

Jyohtsna Rewal Dua , J Petitioner’s grievance is that respondent No.4 i.e. the Accountant General (A&E) to the Government of Himachal Pradesh has authorized pension in his favour by treating his last pay drawn at Rs.46,800/- as on 01.10.2022, whereas, the petitioner had retired on 31.01.2023 and his last pay drawn for the month of January-2023 was Rs.48,200/- (basic pay). Petitioner’s case is that his pension is liable to be fixed by taking Rs.48,200/- as his last pay drawn.

1 Whether reporters of the local papers may be allowed to see the judgment?

2. The case

2(i) Petitioner was initially engaged as casual daily wage worker during the year 1984. His services were regularized against the post of Chowkidar w.e.f. 12.01.1998 under order dated 02.03.1998. Petitioner was later on appointed as Peon. Petitioner participated in the Limited Direct Recruitment (LDR) process and was appointed as Forest Guard (Class-III) w.e.f. 08.10.2003 under order dated 24.05.2004.

2(ii) Pursuant to decision in Hukam Chand Vs. State of H.P. & Ors.² and in light of law laid down in Mool Raj Upadhyaya Vs. State of H.P. & Ors., [1994 Supp. (2) SCC 316], respondents conferred work charge status upon petitioner w.e.f. 01.01.1994 i.e. on his completing 10 years of daily wage service with 240 days in each calendar year under order dated 20.07.2012. Petitioner was promoted to the post of Deputy Ranger on 07.09.2022 vide office order dated 06.09.2022. He superannuated as such on 31.01.2023.

2(iii) Petitioner has placed on record his salary slip depicting emoluments received by him for the month of January-2023 (Annexure P-4). The break up given therein is as under: -

Jan, 2023 Rs.63942 Basic Pay Rs. 48200 Dearness Allowance Rs. 14942 House Rent Allowance Rs. 500

2 CWP No. 1740/2012 decided a/w connected matters on 28.03.2012

Compensatory Allowance Rs. 200 Washing Allowance Rs. 30 .

Special Pay Allowance Rs.100 P Gross Pay Rs. 63972 Insurance Fund Rs. 9 Saving Fund Rs. 21 Total Deductions Rs.30 Net Pay Rs. 63942 Petitioner’s salary slip shows basic pay of Rs.48,200/-, dearness allowance of Rs. 14,942/- and Rs.63,972/- as gross pay drawn by him at the time of his superannuation.

2(iv) Petitioner’s grievance is to the pension, which has been sanctioned in his favour by respondent No.4 in view of the recommendations by respondents No.1 to 3-State by taking his last basic pay at Rs.46,800/-. Pension Payment Order (PPO) dated 30.06.2023 issued by respondent No.4 considering petitioner’s last drawn basic pay at Rs. 46,800/- per month has been placed on record at Annexure P-5-colly.

2(v) In the above background, the petitioner has instituted this writ petition claiming that his pension is required to be fixed by taking his last drawn basic pay at Rs. 48,200/- and not Rs. 46,800/-.

3. Submissions

3(i) Learned Assistant Advocate General defended sanction and release of pension to the petitioner by taking his last basic pay at Rs. 46,800/- on the strength of reply filed by respondents No.1 to 3 as under: -

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The petitioner was appointed as Forest Guard on

08.10.2003.

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Assured Career Progression (AC P) Scheme (4-9-14)

was introduced by the respondents-State on 09.08.2012 vide office letter of even date.

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Petitioner was granted benefit of one additional increment on completion of four years of service w.e.f. 27.08.2009. He was granted financial upgradation/enhancement under the Himachal Pradesh Civil Services (Re-revision) Rules, 2012 w.e.f 01.10.2012. This upgradation/enhancement was in-addition to the pay revision ca