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Judgment
Ranjan Sharma, J
Notice. Mr. Ravi Chauhan, learned Deputy Advocate General and Mr. Chitranjan Kumar Sharma, Advocate, appear and waive notice on behalf of respondents No. 1 to 4, 6 and 7 and respondents No.5 respectively.
The petitioner No.1 being a retired from the post of Drawing Master and Petitioner No.2 being retired from the post of Lecturer Hindi, have filed the instant petition for the following relief(s):-
“i. That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to release the revised pensionary benefits to the petitioner i.e. leave encashment, commuted pension, DCRG, arrears of pension and pay alongwith interest at the rate of 12% till the date of actual payment.”
Precisely, the case of the petitioner(s) is that the State Government issued a Notification on 03.01.2022, issuing the Himachal Pradesh Civil Services (Revised Pay) Rules 2022 w.e.f. 01.01.2016. Based on this notification the petitioner(s) is claiming the benefit of revised pay arrear and revised retiral benefits i.e. revised pension arrear, revised gratuity, revised leave encashment and revised commuted pension, if admissible, till the date of payment.
The case of the petitioner(s) are that similar benefits in terms of the Government Notification dated 03.01.2022 has been released to similar placed employees, flowing from the judgment passed by this Court in CWP No.2108 of 2023, titled as Bhagat Ram versus Himachal Road Transport Corporation and Others, decided on 31.05.2023.
In addition to this, learned counsel for the petitioner placed reliance on the judgments passed by this Court in CWP No.7895 of 2023, titled as Krishan Lal & ors. Versus State of H.P. & ors. decided on 18.10.2023, and CWP No.5651 of 2023, tilted as Dr. Sunil Kumar Chandel Versus State of Himachal Pradesh, decided on 26.09.2023. She also placed reliance on the judgment passed by this Court in CWP No.7359 of 2021, titled as Amita Gupta Versus State of H.P. & ors., decided on 01.12.2022, granting the revised leave encashment on the basis of revised pay. She further submits that the judgment in case of Amita Gupta (supra) stands implemented.
Keeping in view the request made by the learned counsel for the petitioner, this Court permits the petitioner to make a representation to the Respondent No.2-Director Higher Education, Himachal Pradesh within four weeks from today; with further directions to aforesaid to examine the representation, in light of the judgments referred to above, and then to pass appropriate orders, in accordance with law, within four weeks thereafter.
Needless to say that, this Court has not adverted to the rival contentions and merits of the matter and all questions of facts of law are left open.
As aforesaid, the instant writ petition, as well as, the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.