IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
RAM SINGH – Appellant
Versus
RAKESH KANWAR AND OTHERS – Respondent
COPC/1543/2025
##PAGE1##
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.1543 of 2025
Decided on: 20.04.2026
-------------------------------------------------------------------------
Ram Singh …..Petitioner
Versus
Rakesh Kanwar and others .....Respondents
-------------------------------------------------------------------------
Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?
For the Petitioner: Ms. Dhanvan ti Devi, Advocate.
For the Respondents: Mr. L.N. Sharma, Additional Advocate
General.
-------------------------------------------------------------------------
Jyotsna Rewal Dua, Judge
Following order was passed in this matter on
18.03.2026:-
“Compliance afÏdavit filed by the respondents
was noticed as under in the following order passed in
this matter on 24.02.2026:-
g “Learned Deputy Advocate General submits
that compliance afÏdavit has been filed today.
i However, a copy thereof was made available for
H perusal. Compliance afÏdavit does not disclose
implementation of the judgment in letter and spirit
wherein following was specifically directed:-
“7. Consequently, in view of the above,
present petition is allowed and petitioner is
deemed to be retired on 31.12.2019 instead
of 31.12.2017. Since petitioner herein was
not permitted to work against the post in
question and for redressal of his grievance,
he approached this court by way of petition
at hand on 16.06.2025, coupled with the fact
that denial of the claim of pension is a
continuing wrong, direction is also issued to
the respondents to pay all consequential
benefits to the petitioner from due date
expeditiously, preferably within three months
1
Whether reporters of print and electronic media may be allowed to see the order? Yes.
::: Downloaded on - 22/04/2026 13:35:46 :::CIS
##PAGE2##2
from today, failing which petitioner would be
entitled to interest @ 6% per annum from
the date such amount fell due. Pending
application(s), if any, stand disposed of.”
2. At the persuasive request made by
learned Deputy Advocate General,
respondents are granted two weeks’ further
time to comply with the judgment in letter and
spirit and to file the compliance afÏdavit.
List on 18.03.2026.”
2. Learned Additional Advocate General
has placed on record ofÏoce instruction dated
11.03.2026 from the Director, Higher
Education, Shimla, H.P. only conveying that
petitioner has bteen given benefit of Old
Pension Scheme from February, 2026 after
retirement.
3. Learned counsel for the petitioner
poinoted out that petitioner has not received
due and admissible pension w.e.f. 01.01.2020
Cas the petitioner had retired on 31.12.2019.
No meaningful instructions have been placed
on record by the respondents for redressing
the grievance of the petitioner. Judgment
giving specific directions to the respondents
still remains unimplemented.
4. At the request made by learned
i Additional Advocate General, final opportunity
H of two weeks is granted for filing compliance
afÏdavit reflecting implementation of
judgment in its letter and spirit by the next
date, failing which, appropriate order shall be
passed in the matter.
List on 20.04.2026.”
2. Pursuant thereto, respondents have
compliance afÏdavit. A copy whereof has been made
available for perusal. In terms of compliance afÏdavit,
pension payment is being released w.e.f. February, 2026
regularly in favour of the petitioner and arrears of pension
::: Downloaded on - 22/04/2026 13:35:46 :::CIS
##PAGE3##3
have also been released in petitioner’s favour w.e.f.
01.01.2020 to 31.01.2026 on 09.04.2026.
3. Taking note of compliance afÏdavit, present .
proceedings are closed. Notice issued to respondents are
discharged. Petitioner is at liberty to seek appropriate
remedy for redressal of his surviving grievance, if any.
Pending miscellaneous application(s), if anyf, shall also stand
disposed of.
Jyotsna Rewal Dua
April 20, 2026 Judge
yogesh r
::: Downloaded on - 22/04/2026 13:35:46 :::CIS
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.