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2026 Supreme(Online)(HP) 2263
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
PRAVEEN KUMAR UPADHYAY – Appellant
Versus
STATE OF HP AND OTHERS – Respondent
CWP No. 8264 of 2024
For the Appellants/Petitioners: Anuja Mehta, Vishwa Bhushan
For the Respondents: Rajpal Thakur, Rangil Singh
The court held that the outcome of a pending similar matter before the Division Bench shall be binding upon the parties in the current petition regarding claims for pensionary and retiral benefits.
Headnote:The petitioner sought the payment of arrears of pension, balance amount of leave encashment, gratuity, and arrears regarding the commutation of pension, all resulting from a revision of pay scales, along with interest at 9% per annum. The court noted that similar matters are currently pending adjudication before the Division Bench in a related case. The court reasoned that the outcome of the pending matter would be applicable to the present case. This writ petition is disposed of with the direction that the adjudication by Hon’ble Division Bench in above matter shall be binding upon the parties herein and the parties shall abide by the final outcome thereof.
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| 1. the outcome of a pending similar matter before a higher bench is binding on the current petition. (Para 1 , 2 , 3) |
Whether approved for reporting?Whether reporters of the local papers may be allowed to see the judgment?
_____________________________________________________
For the petitioner : Ms. Anuja Mehta, Advocate vice
Mr. Vishwa Bhushan, Advocate.
For the respondents : Mr. Rajpal Thakur, Additional
C Advocate General to respondents No 1
to 3.
: Mr. Rangil Singh, Advocate for
h respondent No. 4.
Ajay Mohan Goel, Judge
(Oral)
By way of this writ petition, the petitioner has inter alia H prayed for the following relief:-
(i) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay arrears of pension to the petitioner on account of revision of their pay scale by calculating the same along with inters @ 9% p.a. from the date the same became payable to the petitioner.
(ii) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents Hto pay balance amount of the leave encashment which became payable to the petitioner after revision of the fpay scale by calculating the same along with interest @ 9% p.a. from the date it became payable to the pe titioner.
(iii) That an appropriate writ, order or directions may kindly be issued therueby directing the respondents to pay the amount of gratuity which has become available to the petitioner along with interest 9% p.a. from the date it became payable to the petitioner.
(iv) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay arrears with respect to the commutation of pension which already i stood calculated by the parent department and sanctioned by respondent No.3, with interest @ 9% p.a. from the date it became payable to the petitioner.”
2. Learned Counsel for the parties inform the Court that similar matters are pending adjudication before the Hon’ble Division Bench by way of CWP No. 8504 of 2025, titled as Madhu Deshta and others vs. State of Himachal Pradesh and others and connected matters and the same are listed before Hon’ble Division Bench on 16.03.2026.
3. Accordingly, this writ petition is disposed of with the direction that the adjudication by Hon’ble Division Bench in above matter shall be binding upon the parties herein and the parties shall abide by the final outcome thereof. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
