Bansi Lal And Others vs State Of H.P. & Others

Satyen Vaidya, J

Notice. Mr. Rahul Thakur, learned Deputy Advocate General & Mr. Tek Chand Chauhan, Advocate, accept service of notice on behalf of respondents No. 1 to 3 and respondent No.4 respectively.

Petitioners have prayed for following substantive relief(s):-

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 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 petitioner.

(iii) That an appropriate writ, order or directions may kindly be issued thereby 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 stood calculated by the parent department and sanctioned by respondent No.3, with interest @ 9% per annum from the date it became payable to the petitioner”.

Learned counsel for the petitioners submits that the issues raised in the instant petitions are no more res integra and have already been adjudicated upon by Hon’ble Division Bench of this Court on 31.05.2023 while deciding CWP No. 2108 of 2023. He further submits that similar view has been taken by Hon’ble Single Bench of this Court while deciding CWP No. 6611 of 2023 on 19.09.2023.

On the strength of aforesaid judgments, learned counsel for the petitioners has made further submission that his clients will be content in case the directions are issued to respondents to consider the prayers made in the instant petitions within a time bound manner in light of aforesaid judgments.

Accordingly, the instant petitions are disposed of with direction to respondent No. 2 to consider and decide the prayers made in the petitions by the petitioners in light of the above referred judgments passed by Hon’ble Division Bench and Hon’ble Single Bench of this Court, respectively, within a period of eight weeks from today. In case, the petitioners are found similarly situated to the petitioners in afore-mentioned petitions, they shall also be granted all the reliefs as have been made permissible to the petitioner in CWP Nos. 2108 and 6611 of 2023.

Pending miscellaneous application(s), if any, shall also stand disposed of.