SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(HP) 2355

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ajay Mohan Goel, J
SAROOP KUMAR AND ANR – Appellant
Versus
STATE OF HP AND ORS – Respondent
CWP No. 13548 of 2025



Advocates:
For the Appellants/Petitioners: Vinod Chauhan
For the Respondents: Pushpinder Jaswal, Rajesh Kosh

The court deferred the decision on claims for pay and pension arrears, directing that the outcome of a similar matter pending before the Division Bench shall be binding upon the parties.

Headnote:The petitioners sought directions for the payment of arrears of pay revision from 2016 to 2021, including pension arrears, leave encashment, gratuity, and commutation of pension. They further challenged a notification restricting the payment of arrears to 20% of each element subject to a ceiling of Rs 50,000, alleging it to be illegal and arbitrary. The court considered whether the petitioners were entitled to the claimed arrears and the validity of the restriction on such payments. It was observed that similar matters, including a specific writ petition, are currently pending adjudication before the Division Bench. 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 petitioners herein and the parties shall abideu by the final outcome thereof.

Table of Content
1. deferment of decision pending the outcome of a similar matter before a higher bench. (Para 1 , 2 , 3)

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

Ajay Mohan Goel, Judge (Oral

By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

(i). That the respondent May kindly be directed to pay the arrears of pay revision to the petitioners w.e.f. 1.1.2016 till 31.04.2021 along with interest @ 9% p.a. from the date the same became payable to the petitioners.

(ii) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay the 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 1.5.2021 when pension became payable to the petitioner.

(iii) That an appropriate writ, order or dHirections may kindly be issued thereby directing the respondents to pay balance amount of the leave encashment which became payable to the petitioner after revision of the pay scale by calculating the same along with interest @9% pa. from the date it became payable to the petitioners.

(iv) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay the amount of gratuity, DCRG which has become availabole to the petitioner along with interest @ 9% p.a. from the date it became payable to the petitioners.

(v) That an appropriate writ, order or directions may kindly be issued thereby directing the respondents to pay h arrears with respect to the commutation of pension which already 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 petitioners.

H (vi) That the Annexure P-2 dated 17.09.2022 may kindly be set aside. Wherein, the restriction on the arrears has been made and 20% of each element of arrear of pension etc and family pension subject to ceiling of Rs 50,000/-, has been notified being illegal and arbitrary by further directing the respondent to pay all the arrears along with interest in one go.”

2. Learned Counsel for the petitioners informs 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 18.05.2026.

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 petitioners herein and the parties shall abideu by the final outcome thereof. Pending miscellaneous apoplication(s), if any, also stand disposed of accordingly.C

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top