Allowed

Amin Chand and Others v. Hrtc and Another

Himachal Pradesh HC8 Sept 2023CWP/3268/2023

Case brief

AI extract

What is this about?

The Court allowed this writ petition, holding that petitioners similarly situated received relief in prior cases. Respondents were directed to pay arrears of pay (w.e.f. 01.01.2016) with 6% interest and revise pension, gratuity, and leave encashment with interest.

What did the court decide?

Directed to grant arrears of revised pay w.e.f. 01.01.2016 with 6% interest and revise pension, gratuity, and leave encashment with 6% interest.

Amin Chand and Others Vs Hrtc and… — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.3268 of 2023

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Decided on: 8^th September, 2023

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------------------------------------------------------------------------------------- Amin Chand and others …..Petitioners

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Versus

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HRTC and another .....Respondents

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------------------------------------------------------------------------------------Coram

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Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?¹

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For the Petitioners: Mr. Ashok Kumar, Advocate. For the Respondents: Mr. Ajay Chauhan, Advocate. -----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

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Notice. Mr. Ajay Chauhan, learned Standing

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Counsel, appears and waives service of notice on behalf of the respondents.

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2. This writ petition has been filed by the petitioners for the grant of following substantive reliefs:-

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“i. That respondent may kindly be directed to consider the case of petitioners for granting the arrear of revised pension/family pension as per their own office order within a time bound manner.

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ii. The respondents may kindly be directed to consider and decide the Representation (Annexure P-3) of the Petitioner in accordance with law within time bound manner.”

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3. In this writ petition, the petitioners, who have

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retired from the services of respondent-Corporation, are seeking arrears of revision of pay scale w.e.f. 01.01.2016 to 31.01.2022 with interest @ 9% per annum from the

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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respective dates till the dates of realization. They are also seeking direction to the respondents to revise the pension, gratuity & leave encashment and to pay it alongwith interest @ 9% per annum w.e.f. 01.01.2016 till the date of its realization in view of the judgment of this Court in CWP

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No.3050 of 2014 (Nek Ram vs. State of H.P. & others) .

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4. Both learned counsel have agreed that this

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Court had granted relief to similarly placed petitioners in CWP No.2108 of 2023 on 31.05.2023 and in CWP No.2421

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of 2023 on 15.06.2023. Therefore, this writ petition is allowed for reasons alike and the respondents are directed to pay arrears of pay as per the revision of pay scales w.e.f. 01.01.2016 to 31.01.2022 with interest @ 6% per annum

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from the due date till the date of its realization and they shall also revise the pension, gratuity & leave encashment and pay the same alongwith interest @ 6% per annum to the petitioners w.e.f. 01.01.2016 till the date of its realization.

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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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Jyotsna Rewal Dua Judge

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September 08, 2023 Mukesh

Amin Chand and Others v. Hrtc and Another

Case brief

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Amin Chand and Others v. Hrtc and Another

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