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Vijay Walia vs State Of HP And Others

High Court Of Himachal Pradesh · Decided on 9 October 2023 · Citation: (2023) 10 SHI CK 0031

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 7505 Of 2023
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Judgment

7 paragraphs · 290 words

Sandeep Sharma, J

1.

By way of present petition filed under Art. 226 of the Constitution of India, the Petitioner have prayed for following main reliefs:

“That the writ in the nature of mandamus or other writ, order or direction, directing the respondents to pay the arrears of revision of pay scale i.e., Gratuity, leave encashment, Commuted Pension (DCRG) and other retiral benefits i.e. arrear of pay and pension w.e.f. 01.01.2016 to till its realization with interest of 6% Per annum or within a period of four weeks as per Annexure P-2.”

2.

Learned counsel for the petitioner fairly states that the issue raised in the instant petition has been decided by this Court in Surinder Singh v. State of Himachal Pradesh and Anr., CWP No. 6611 of 2023, decided on 19.9.2023, and his client shall be content and satisfied, in case a direction is issued to the respondents to consider and decide the case of the petitioner in light of Surinder Singh supra, in a time bound manner.

3.

Mr. Rajan Kahol, learned Additional Advocate General is not averse to the innocuous prayer made on behalf of the Petitioner.

4.

Consequently, in view of above, present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in light of Surinder Singh supra, within a period of four weeks. Needless to say, authority concerned, while doing the needful in terms of this order, shall afford opportunity of hearing to the petitioner and pass a speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if they still remain aggrieved.

5.

The petition stands disposed of in the afore terms, alongwith all pending applications.