Hem Raj Sharma Vs H.P. University And Another

High Court Of Himachal Pradesh 3 Apr 2024 Civil Writ Petition No. 2794 Of 2024 (2024) 04 SHI CK 0008
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Civil Writ Petition No. 2794 Of 2024

Hon'ble Bench

Satyen Vaidya, J

Advocates

Mandeep Chandel, Archana Dutt, L.N. Sharma

Final Decision

Disposed Of

Judgement Text

Translate:

Satyen Vaidya, J

1. Notice. Ms. Archana Dutt, learned counsel, appears and waives service of notice on behalf of respondent No.1 and Mr. L.N. Sharma, Addl. A.G., waives service of notice on behalf of respondent No.2.

2. The instant petition has been filed for the following substantive reliefs:-

“i) That keeping in view of the submission made hereinabove that the present writ petition may kindly be allowed and the respondent may kindly be directed to release the arrear of petitioner w.e.f. 01.01.2016 till his retirement along with 9% interest.

ii) That the respondent may kindly be further directed to pay the revised gratuity, revised leave encashment and the commutation of pension under the CCS (Commutation of Pension) Rules, 1981 were modified along with interest 9% per annum.”

3. At the very outset, learned counsel for the petitioner has submitted that the subject matter of instant petition is squarely covered by a judgment passed by this Court on 22nd March, 2024 in CWP No.7376 of 2023, titled as H.P. Secretariat & other Affiliated Pensioner Welfare Association vs. State of H.P. & Ors.

4. He submits that the petitioner in the instant petition shall be satisfied, at this stage, in case time bound directions are issued to respondents to consider and decide the case of the petitioner in light of judgment passed by this Court in CWP No. 7376 of 2023.

5. Prayer being innocuous is not opposed. Accordingly, the instant petition is disposed of with direction to respondent-University to consider and decide the case of the petitioner within eight weeks from today strictly in terms of the judgment passed by this Court on 22nd March, 2024 in CWP No.7376 of 2023, titled as H.P. Secretariat & other Affiliated Pensioner Welfare Association vs. State of H.P. & Ors., by passing a detailed and reasoned order. Needless to say that in case the petitioner is found entitled to the benefits of aforesaid judgment, he shall be granted all similar benefits as have been granted to the beneficiary of judgment passed in CWP No.7376 of 2023 within six weeks thereafter. Pending applications, if any, also stand disposed of.

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