IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.785 of 2026

Date of Decision: 09.01.2026

_______________________________________________________ Shri Krishan Dutt Sharma ……..Petitioner

Versus H

State of H.P. and Others ….Respondents _______________________________________________________

Coram: f

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹

For the Petitioner: Mr. Sameer Miyan, Advocate.

For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar,

Additrional Advocates General, with Mr. Ravi uChauhan, Deputy Advocate General, for

State.

oMs. Komal Chaudhary, Advocate, for

respondent No.3.

_________C___________________________________________

Sandeep Sharma, Judge (oral)

By way of instant petition, petitioner has prayed for

following main relief:

“(i) 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 01.01.2022 and the Pension Payable to the Petitioner be ordered to be re-fixed accordingly in light of the judgment dated 11.04.2023 passed by the Hon'ble Apex Court in Director (Admn. and HR) KPTCL & Ors. read with the directions issued in the orders dated 06.09.2024 and 20.02.2025 passed in Union of India & Anr. vs. M.

Siddarai.

(ii) 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, w.e.f.01.01.2022.”

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

2. The afore reliefs have been prayed on the strength of law laid down by the Hon’ble Apex Court in Civil Appeal No. 24P71/2023 &

SLP(C) No. 6185/2020, titled as Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. decided on 11.04.2023, wherein it was held that an employee is entitled to the an nual increment, which he earned on the last date of his soervice for rendering services preceding one year from the date of his retirement with good behavior and efficiently.

3. It is not in dispute that the aforesaid order passed by the Hon’ble Apex Coourt was clarified under an interim order dated 6.9.2024, passed in Miscellaneous Application Diary No. 2400/2024 in Special Leave Petition (C) No. 4722/2021 titled as Union of India & Anr. vs. M. Siddaraj, more particularly vis-a-vis its application to third parties. The order reads as under:-

“It is stated that the Review Petition in Diary No. 36418/2024 filed by the H Union of India is pending.

The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, titled "Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others", to third parties is concerned.

We are informed that a large number of fresh writ petitions have been filed.

To prevent any further litigation and confusion, by of an interim order we direct that:

(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid.

(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.

(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate preferred, court.

(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which theH application for inter