Disposed

Kanshi Ram v. Hpu and Another

Himachal Pradesh HC14 Aug 2023CWP/5286/2023

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What is this about?

The Court disposed of a writ petition seeking inclusion of Secretariat Pay in Basic Pay for pension. It directed the authorities to consider the petitioner's case in light of a specific precedent within six weeks.

What did the court decide?

Directed the respondents to consider the petitioner's case in light of CWPOA No. 208/2020 and extend benefits if similarly situated within six weeks.

Kanshi Ram Vs Hpu and Another — 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. 5286/2023 Decided on: 14.08.2023

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Kanshi Ram .…Petitioner

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Versus

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HPU & Anr. ……Respondents

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Coram

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

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For the petitioner : Mr. Abhinav Purohit, Advocate vice Mr. Rakesh Chauhan, Advocate. For the respondents : Mr. Gourav Sharma, Advocate vice Mr. Devender K. Sharma, Advocate, for respondent No.1.

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Mr. Anup Rattan, Advocate General with Mr. Varun Chandel, Additional Advocate General, for respondent No.2.

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Jyotsna Rewal Dua, J

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Prayer in this petition is to include Secretariat Pay as part

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of the Basic Pay for computing pension and other retiral benefits.

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Learned vice counsel for the petitioner submitted that the issue raised in this petition is squarely covered by the judgment rendered in CWPOA No. 208/2020 (Durga Ram Vs. Himachal Pradesh University & Anr. alongwith connected matters) decided on 18.10.2022. Learned vice counsel for the petitioner further submitted

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that the petitioner would be content, in case, respondents/competent 1 Whether reporters of the local papers may be allowed to see the judgment?

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authority are directed to consider and decide the case of the petitioner, in light of the law laid down in the aforesaid judgment, in a time bound manner. Prayer is not opposed by learned counsel for the respondents. 3. In this view of the matter, the writ petition is disposed of by directing the respondents/competent authority to consider and decide the case of the petitioner in light of the aforesaid judgment and in case, the petitioner is found to be similarly situated then the benefit extended to the petitioners in the aforesaid judgment, shall also be extended to the petitioner in the instant cases also. The entire exercise be completed within six weeks from today.

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The instant petition is disposed of, in above terms, so also the pending application(s), if any.

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Jyotsna Rewal Dua Judge

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14^th August, 2023 (Rohit)

Kanshi Ram v. Hpu and Another

Case brief

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Kanshi Ram v. Hpu and Another

Case brief

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