Sansar Chand vs State Of H.P & Others

M.S. Ramachandra Rao, CJ

Heard counsel for the petitioner as well as Mr. Pranay Pratap Singh, learned Additional Advocate General for the respondents.

This petition is filed for a direction to the respondents to pay arrears of pay of the petitioner till he attained the age of 60 years with interest @ 9% per annum. The contention of the petitioner is that he is entitled to continue till the age of 60 years, but he was erroneously retired by the respondents-State at the age of 58 years.

Counsel on both sides agree that the issue raised in this petition is covered by the judgment of Full Bench of this Court in CWP No. 2711 of 2017 titled Baldev vs. State of H.P and others decided on 22.02.2022.

Having regard to the said decision, which is binding on this Court as well as on the respective parties, it is directed that though the petitioner will not be entitled to actual monetary benefits of wages/salaries etc. for the period of service from the date of his actual retirement till deemed date of retirement, he would be entitled to notional fixation of pay for the period in question for working out his pay and pension. The payment of consequential arrears of pension would be made accordingly.

In view of the above, the petition stands disposed of alongwith pending applications, if any.