Tule Ram vs Himachal Road Transport Corporation And Another

Ranjan Sharma, J

Notice. Mr. Raman Jamalta, learned Standing Counsel, appears and waives service of notice on behalf of the respondents.

The petitioner, being a retiree, from the post of Conductor on 30.06.2018, has filed the instant writ petition, with the following prayers:-

“(i) That the respondents may be directed to release the arrears of pension on revised rates with interest @ 9% P.A.

(ii) That the respondents may be directed to release the revised amount of commutation of pension, leave encashment, DCRG along with interest @ 9% P.A.”

The learned counsel for the petitioner submits that in terms of Himachal Pradesh Civil Services (Revised Pay Rules) dated 03.01.2022, giving revised pay scales to the State Government Employees and the Office Memorandum dated 25.02.2022 giving revised pension, revised gratuity, revised leave encashment and revised commuted pension for the State Government Employees, who retired/died on or after 01.01.2016. Notifications were adopted and applied by the Respondent-Corporation, by issuing Office Memorandum, the Office Memorandum on 01.08.2022, giving the revised pay and revised retiral benefits w.e.f. 01.01.2016 to the employees of the Corporation, alike the petitioner and in this background, the petitioner is claiming benefits of (i) the arrears of revised pay w.e.f. 01.01.2016 and (ii) the arrears of revised pension; and (iii) the revised retiral benefits i.e. Revised Gratuity as in has not been released; (iv) arrears of Revised Leave Encashment payable in terms of judgment in CWP No.7359 of 2021, titled as Amita Gupta Versus State of Himachal Pradesh and others, has neither been calculated nor released; and (v) interest on delayed benefits from due date till realization has not been given till day.

Learned counsel further submits that firstly, respondents have not released the arrears of pay for the period w.e.f. 01.01.2016 till his retirement, on 30.06.2018 as yet; secondly, as per Notification dated 25.02.2022, the respondents have not released the Revised Benefits i.e. leave encashment, commuted pension, DCRG, arrears of pension and pay, under the C.C.S. (Pension) Rules, 1972 nor have the respondents released the admissible arrears of revised pension for the period w.e.f. 01.01.2016 and the arrears of Revised Gratuity; and thirdly, the arrears of Revised Leave Encashment and Revised Commuted Pension has neither been assessed/ sanctioned nor released to the petitioner till day.

Learned counsel for the petitioners has placed reliance, on the judgment passed by this Court, in CWP No.5651 of 2023, tilted as Dr. Sunil Kumar Chandel Versus State of Himachal Pradesh, decided on 26.09.2023, CWP No.7895 of 2023, titled as Krishan Lal & others Versus State of H.P. & others, decided on 18.10.2023. He also placed reliance on the judgment passed by the Division Bench of this Court in CWP No.7359 of 2021, titled as Amita Gupta Versus State of Himachal Pradesh and others, decided on 01.12.2022, granting the revised leave encashment on the basis of revised pay. He further submits that the judgment in case of Amita Gupta (supra) stands implemented and in CWP No.2108 of 2023 titled as Bhagat Ram Versus Himachal Road Transport Corporation and others, decided on 31.05.2023, whereby this Court has mandated the respondents therein to release the arrears of pay as well as revised retiral benefits alongwith arrears with interest @ 6% per annum from the due date till its realization.

On the other hand, Mr. Raman Jamalta, learned Standing Counsel, submits that the judgment in case of Bhagat Ram (supra) has not attained finality, as the HRTC-Respondent therein has filed a Review Petition, which is pending listing/hearing.

Faced with this situation, learned counsel for the petitioner, on instructions, submits that the petitioner shall be satisfied, in case, this Court permits the petitioner to make a representation for claiming above benefits. The prayer being innocuous, is not opposed and needs to be granted.

Accordingly, as prayed for, by the learned counsel for the petitioner, this Court permits the petitioner to make a representation, to respondent No.1-Managing Director, Himachal Road Transport Corporation, within three weeks from today; with further directions to the aforesaid respondent to examine and decide the representation, in light of the judgments referred to above, and then to pass appropriate orders, in accordance with law, within four weeks thereafter. Ordered accordingly.

Needless to say that, this Court has not adverted to merits of the matter and all Questions of Facts and Law are left open.

In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.