Himachal High Court dismissed a civil writ petition challenging the grant of pensionary benefits to a petitioner, finding the relief was already provided by the State later that year.
Petition dismissed as infructuous after State notified grant of ad-hoc service counting and revised pension; liberty granted to approach appropriate authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 1st DAY OF AUGUST, 2022
BEFORE
HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION ORIGINAL APPLICATION NO. 3972 OF 2020
Between:
JIWAN KUMAR SON OF SHRI ROOP LAL RESIDENT OF VILLAGE AND POST OFFICE, TIHRA, TEHSIL SARKAGHAT, DISTRICT MANDI, HIMACHAL PRADESH.
…PETITIONER
(BY MR. SURINDER SAKLANI, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.
2. DIRECTOR ELEMENTARY EDUCATION, HIMACHAL PRADESH, SHIMLA-1.
3. DEPUTY DIRECTOR OF ELEMENTARY EDUCATION, MANDI, DISTRICT MANDI, HIMACHAL PRADESH.
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4. PRINCIPAL, GOVERNMENT SENIOR SECONDARY SCHOOL ,ANGNA, DISTRICT MANDI, HIMACHAL PRADESH.
5. ACCOUNTANT GENERAL (a& e) HIMACHAL PRADESH, SHIMLA-3.
…RESPONDENTS
(BY MR. RAJINDER DOGRA, SENIOR ADDITIONAL ADVOCATE GENERAL WITH MR. VINOD THAKUR AND MR. Y.S. THAKUR, DY.A.G.)
(MR. BALRAM SHARMA, ASGI, FOR RESPONDENT NO. 5.)
This Petition coming on for orders on this day, Hon’ble Mr. Justice Tarlok
Singh Chauhan , passed the following:-
O R D E R
The instant petition has been filed for the grant of
following reliefs:
“(i) That the respondents maybe directed to count the service of the applicant from 14.3.1984 i.e. initial date of appointment of applicant as Junior Basic Trained Teacher on ad hoc basis for the purpose of grant of gratuity with all consequential benefits.
(ii) That the respondents be directed to re-submit the case of the applicant for revision alongwith order of finance department in view of law laid down in paras Ram’s case.
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(iii) That the respondents may be directed to calculate and pay the amount of gratuity after counting service from 14.3.1984 and also pay penal interest on the same.
(iv) That the respondent -Department may also be directed to process the medical claims of the applicant or in the alternative, grant fixed medical allowance to the applicant.”
instructions dated 30.7.2022, relevant portion whereof reads as under:
“In this regard, it is submitted that as per information received from the Deputy Director of Elementary Education Mandi, the period of adhoc service rendered by the petitioner against the post of JBT w.e.f. 24.3.1984 had been counted towards annual increments & pensionary benefits. The petitioner has been paid revised DCRG on 12.7.2018 amount to Rs. 2,82,630/- after receiving revised sanction from the office of Accountant General, H.P. and revised pension has been fixed on the basis of last pay drawn before retirement i.e. 1=21470+4400=25870.”
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remedy available to him under the law. The pending
application(s), if any, are also dispsoed of.
(Tarlok Singh Chauhan) Judge
(Chander Bhusan Barowalia) Judge
August 1, 2022
Kalpana
Jiwan Kumar
State of Himachal Pradesh
Director Elementary Education, Himachal Pradesh
Deputy Director of Elementary Education, Mandi
Principal, Government Senior Secondary School, Angna
Accountant General (a& e) Himachal Pradesh
Tarlok Singh Chauhan
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
