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2026:HHC:12838

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 17204 of 2025 Decided on: 22.04.2026

Meena Kumari … Petitioner

Versus State of H.P. and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?1 Yes ___________________________________________________________________ For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : r Mr. Anup Rattan, Advocate General with Mr. Rajpal Thakur, Additional Advocate General.

Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has inter alia

prayed for the following reliefs:-

“(i) That in view of the facts and circumstances mentioned hereinabove in this writ petition, the writ petition may kindly be allowed and the respondent department may kindly be directed to release the retiral dues, i.e. Leave Encashment,

Gratuity, GIC and pension to the petitioner w.e.f. 1.3.2025.”

2. The grievance of the petitioner is that her retiral benefits and other dues, qua which she becomes entitled to, post her

superannuation, have not been released to her.

3. The stand of the respondents-State why the emoluments were not released to the petitioner post retirement stands spelled out

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

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2026:HHC:12838

in the preliminary submissions of the reply, para-1 whereof is

quoted herein below:-

“Preliminary submissions:-

1. That the petition as filed by the petitioner is not maintainable under the law and deserves to be dismissed. There are no grounds with the petitioner to file the petition against the respondents in view of the facts which are being

narrated in detail in the subsequent paras.

It is humbly sub mitted that the petitioner was initially appointed as Peon in the respondent deptt. on 27.05.2004 and was posted in the office of respondent No.5. During the service of petitioner in the office of the respondents, she was also promoted to the post of Clerk w.e.f. 10.10.2017 on notional basis and on regular basis from the date of joining to the post. The petitioner accordingly joined the post after promotion. The petitioner completed the age of 58 years as on 28.02.2025, therefore, she was retired from services vide

order dated 28.02.2025, Annexure P-2. During the service period of the petitioner and before her retirement, an inquiry was initiated against the petitioner upon a representation submitted by her claiming her date of birth as 13.11.1969. Upon examination of records, tempering were observed in the records. Accordingly, the preliminary inquiry was ordered in this regard. An Inquiry Committee was constituted vide order dt. 06.01.2025 and the Committee was directed to inquire into the matter. Accordingly, the Committee inquired into the

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2026:HHC:12838 alleged misrepresentation, falsification of record etc. and observed that the petitioner has produced fake documents about her qualification and date of birth and also made tempering in the service records. The report was accordingly submitted by the Committee to the Superintending Engineer, Electrical Circle HPPWD Shimla vide official letter dt. 17.02.2025, Annexure R-3/1. Thereafter, the matter is pending for taking action against the petitioner in accordance with CCS(CCA) Rules . However, during this period, the respondents have released the entire amount of GPF lying in the account of the petitioner on 09.10.2025 vide Annexure R- 3/2, Further, the gratuity of the petitioner is also being calculated and the same shall also be paid very shortly to the petitioner in accordance with the Rules. The provisional pension papers of the petitioner have also been prepared and have been submitted to the office of Accountant General. HP

for further necessary action at their end. Copy of letter dt.

11.12.2025 is annexed as Annexure R-3/3 for kind perusal of the Hon'ble Court The claim for l

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