Disposed

Kamlesh Kumari v. the State of Hp and Others

Himachal Pradesh HC6 Sept 2023CWP/4510/2023

Case brief

AI extract

What is this about?

The Court disposed of miscellaneous writ petitions regarding the release of pending pensions for Nursery Trained Teachers. After the Accountant General assured sanctioning of pension orders within two weeks, the Court directed the revenue authorities to release dues and helped petitioners complete requisite formalities. The petitions were disposed in these terms.

What did the court decide?

Directions issued to District Treasury and DDOs to release due and admissible pension within two weeks of receipt of Pension Pay Order; petitioners to complete requisite formalities within the same pe

Kamlesh Kumari Vs the State of Hp… — 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 Nos. 4986,5444,5445,5448,5449, 5451, 5919, 5442, 5526, 5006, 5021,5118, 5189, 5190, 5319, 5376, 5563,5564, 4510,4697, 4698,4699, 5011, 5014, 5015, 5016, 5017, 5641, 5931,6042,6043, 4533, 4610/2023, CWP Nos.116 & 616/2021 and CWP Nos.1139, 4463 & 646/2020

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		Decided on: 06.09.2023
CWP No.4986/2023
Savita Kumari	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5444/2023
Dhani Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5445/2023
Hari Priya	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5448/2023
Damayanti Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5449/2023
Sheetla Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5451/2023
Daksha Sharma	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5919/2023
Lajja Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.

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________________ CWP No.5442/2023	______________	________________________
Adarsh Kapoor	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5526/2023
Nirmal Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5006/2023
Rattani Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5021/2023
Promila Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5118/2023
Urmila Rana	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5189/2023
Salochna Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5190/2023
Kamla Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5319/2023
Sandhya Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5376/2023
Kauran Devi		…Petitioner

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State of H.P. & Ors.	Versus	.…Respondents.
CWP No.5563/2023
Saroj Kumari	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5564/2023
Santosh Kumari	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.4510/2023
Kamlesh Kumari	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.4697/2023
Sunita Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.4698/2023
Sushma Kumari	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.4699/2023
Sita Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5011/2023
Lata Devi	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No. 5014/2023
Prem Lata	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5015/2023

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Anju Kumari State of H.P. & Ors.	Versus	…Petitioner .…Respondents.
CWP No.5016/2023
Naresh Kumari Sha	rma Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5017/2023
Shakti Pathania	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No. 5641/2023
Shakuntla Sharma	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.5931/2023
Jatindra	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.6042/2023
Vidya Minhas	Versus	…Petitioner
State of H.P. & Ors.		.…Respondents.
CWP No.6043/2023
Danavati		…Petitioner
	Versus
State of H.P. & Ors.		.…Respondents.
CWP No.4533/2023
Beasa Devi & Ors.	Versus	…Petitioners
State of H.P. & Ors.		.…Respondents.
CWP No.4610/2023
Khema Devi & Ors.	Versus	…Petitioners

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State of H.P. & Ors.	.…Respondents.
CWP No.116/2021
Tara Kumari Versus	…Petitioners
State of H.P. & Ors.	.…Respondents.
CWP No.616/2021
Sheela Devi & Ors. Versus	…Petitioners
State of H.P. & Ors.	.…Respondents.
CWP No. 1139/2020
Kamla Sharma Versus	…Petitioner
State of H.P. & Ors.	.…Respondents.
CWP No.4463/2020
Kiran Devi & Ors. Versus	…Petitioners
State of H.P. & Ors.	.…Respondents.
CWP No.6461/2020
Veena Dhiman & ors. Versus	…Petitioners
State of H.P. & Ors.	.…Respondents.
*Coram* *Ms. Justice Jyotsna Rewal Du*	*a, Judge.*
Whether approved for reportin	g?¹
For the petitioners :	Mr. Adarsh K. Vashistha, Mr. Lovneesh Kanwar, Sr. Advocate with Mr. Tek Chand, Mr. Vishwa Bhushan, Mr. Narender Guleria, Mr. Loveneesh Thakur, for the petitioners in the respective petitions.

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1 Whether reporters of the local papers may be allowed to see the judgment? yes

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For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rajat Chauhan, Law Officer, for the respondents/State in all the petitions.

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Mr. Tara Chand Chauhan, Mr. Rangil Singh and Mr. Chitranajan Sharma, Advocates, for the respondents/Accountant General.

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Jyotsna Rewal Dua, J

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All these petitions are centered around common facts and have been filed with almost similar grievances & prayer, hence, are taken up together for adjudication.

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Common case set up by the petitioners in these petitions is that the petitioners were engaged as Nursery Trained Teacher (NTT) in the respondent-department. On 02.02.1999, respondent-State decided to regularize the services of Nursery Trained Teacher (NTT) on completion of 5 years of service instead of 10 years. Transferred Application No.2828/2015 instituted by certain NTTs was decided by the erstwhile H.P. Administrative Tribunal on 13.09.2018 directing the respondents-State to regularize the services of the petitioners therein on completion of 5 years of service. This decision was assailed by the respondents-State by filing CWP No.3544/2019. The writ petition was dismissed on 06.11.2020. The

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respondents-State thereafter set out to implement the decision in question. Office order dated 03.03.2022 was issued. All the petitioners have been extended the benefit of the decision. Their services have been regularized from different dates of the years 2002-2003. Revised seniority numbers were issued to the petitioners. All the petitioners now stand retired from service on attaining the age of superannuation.

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Petitioners’ grievance in the instant petitions is that till date the respondents have not released them their due pensions. When the matters were taken up on 03.08.2023, learned counsel for respondent No.4 i.e. Accountant General (A&E) Shimla, H.P. pointed out certain procedural difficulties on account of instructions of the Finance Department in releasing due and admissible pension to the petitioners. For ironing out the creases, Senior Officers of the concerned departments including the Finance and Education Departments attended the hearing of the case on 11.08.2023 and assured that all necessary action for releasing due and admissible monetary benefits to the petitioners would be taken by them. Following order was passed in the matter on 17.08.2023:-

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“On 16.08.2023, learned Additional Advocate General had placed on record a copy of instruction memo dated 14.08.2023 issued by Director of Elementary Education inter alia stating as under:-

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“In this context, it is submitted that the Finance Department has conveyed its clarification sought by

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the Accountant General (A&E), HP vide their letter No.Fin(C)B(15)-21/2020-Loose dated 11.08.2023 to the Deputy Accountant General (Pension) with request to finalized pension cases of NTT Teachers.

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It is further submitted that all the Deputy Directors of Himachal Pradesh have also been directed vide letter dated 14.08.2023 (Copy Enclosed) to submit all pension cases pertaining to NTT Teachers to the O/o Accountant General, HP as per the clarification of the Finance Department and follow up these cases from the O/o Accountant General, H.P. “

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The respondents/State had also placed on record a copy of office letter dated 11.08.2023 from the Finance Department addressed to the office of Deputy Accountant General stating as under:-

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“I am directed refer to your office letter no. Pen1/C/-1/ clarification/NTT/2023-21/528-29 dated 05.07.2023 on the subject cited above and to say that the Finance Department confirms that the following, advice had been accorded/conveyed to the AD (Education Department) in the matter of CWP No. 3544/2019 & COPCT No. 758/2020 titled as State of HP Vs. Surendra Sharma and others, on 11^th May, 2023.

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"Examined in the Finance Regulations Department. The CMM vide decision dated 20.12.2021 has already approved to implement the Court decision dated 13.09.2018 of the erstwhile HPAT rendered in the TA No 2828/2015 & decision dated 6.11.2020

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of the Hon'ble High Court, rendered in CWP No. 3544/2019 in view of the Government letter dated 2.2.1999. The Law Department has also advised the A.D. to implement the court decisions vide N-7 to N-13 of the AD's notes.

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Hence, to settle issue, until otherwise the department has grounds to contest the matter in the Hon’ble Apex Court, the Finance Department agrees to grant consequential benefits to the petitioners in aforesaid writ petitions as per directions passed in the Court decision. However, non-petitioners can be granted benefits on notional basis in terms of Government letter dated 15.12.2011 read with letter dated 7.1.2012.

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It is requested that AG Office may finalize pension cases of NTT as per above advice in accordance with orders of Hon’ble High Court. The same has been conveyed by Education Department, also to your goodself vide their letter dated June 2023.”

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3. Learned counsel for respondent No.4 i.e. Accountant General (A&E) Shimla submit that all necessary action at the end of Accountant General’s office including sanctioning the PPOs as well as authorizing payment of Pension & arrears of Pension shall be carried out within 10 days from today. The statement is taken note of.

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4. Learned Deputy Advocate General submits that within a week thereafter all monetary benefits due and admissible to the petitioners including the pension/arrears etc. will be credited in their respective bank accounts.

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5. In light of above statements of learned counsel for the respondents, list on 06.09.2023 to oversee the compliance.”

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Today, when the matters were taken up, Learned counsel appearing for respondent No.4 (A&E) Shimla, H.P.

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submitted that the cases of all these petitioners are under process in the office of Accountant General. Pension Pay Orders in cases of individual petitioners, in these petitions shall be sanctioned, prepared and dispatched within outer range of 2 weeks from today. Pension Pay Orders of all these petitioners shall be dispatched to the concerned Drawing and Disbursing Officer (DDOs’), District Treasury Officers (DTOs’) as well as the petitioners latest by 25.09.2023. Their statements are taken on record,

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Since respondent No.4 has now not only undertaken to sanction the PPO orders in favour of the petitioners but has also assured that the same shall be dispatched to all concerned quarters i.e. the concerned District Treasury Officers (DTOs), Drawing and Disbursing Officer (DDOs) as well as to the petitioners in individual cases, there shall be direction to the concerned DTOs’ & DDOs’ through learned Law Officer to do the needful i.e. to take all necessary follow up action for releasing the due and admissible pension to all the petitioners in each of these cases within a period of two weeks from the date of receipt of Pension Pay Order. The petitioners through their learned counsel are also directed to complete all requisite formalities, if any required at their end. The needful shall be done by them within the aforesaid time-line. Due & admissible pension be paid & released to the petitioners within the above period.

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These petitions are disposed of in above terms. Pending

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application(s), if any, also stand disposed of accordingly.

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Jyotsna Rewal Dua Judge

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06^th September, 2023 (Rohit)

Kamlesh Kumari v. the State of Hp and Others

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Kamlesh Kumari v. the State of Hp and Others

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