Held the Constitutional petition infructuous asACP benefits had already been released to the petitioner. Directedservant-State decide pensionary benefits within four weeks.
Petition dismissed as infructuous; respondents directed to decide pensionary benefits within four weeks.
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.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2322 of 2023.
Date of Decision : 12th July, 2023.
Surinder Singh Kanwar …..Petitioner.
Versus
State of H.P. & Ors. …..Respondents.
Coram
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting? No.
For the Petitioner: Mr. Narender Sharma, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Addl. A.G. for respondents No.1 to 4. Mr. Tek Chand Sharma, Advocate, for respondent No.5.
Tarlok Singh Chauhan, Judge (Oral)
The present petition has been filed for grant of the
following substantive reliefs:-
“i) To issue writ of appropriate nature with a command to the respondents to release the due ACP benefits due in July 2009, revise the pay fixation of petitioner w.e.f. July 2009 and pay entire arrear along with interest @18% p.a. till actual realization.
ii) Further respondents be directed to revise the retiral benefits like Gratuity, leave encashment and due pension of the petitioner and revise the same and pay due arrear on
…2…
account of revision of pensionary benefits so accrued on account of ACP benefit along with interest @18% p.a. Further pay the pension adding due benefit.”
(Tarlok Singh Chauhan) Judge
23rd June, 2023. (jai)
(Satyen Vaidya) Judge.
Surinder Singh Kanwar
State of H.P.
Tarlok Singh Chauhan
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
