Disposed

Sharda Kanwar v. Hpu and Another

Himachal Pradesh HC14 Aug 2023CWP/5287/2023

Case brief

AI extract

What is this about?

In this civil writ petition, the court directed the respondents to consider and decide the petitioner's claim for Secretariat Pay inclusion in pension computation within six weeks, relying on a prior judgment where similar benefits were granted.

What did the court decide?

Directing the respondents/competent authority to decide the petitioner's case within six weeks and extend benefits if the petitioner is found similarly situated as per the referenced judgment.

Sharda Kanwar Vs Hpu and Another — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

CWP No. 5287/2023 Decided on: 14.08.2023 Sharda Kanwar .…Petitioner

¶3

Versus

¶4

HPU & Anr. ……Respondents

¶5

Coram

¶6

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

¶7

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.

¶8

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

¶9

Jyotsna Rewal Dua, J

¶10

Prayer in this petition is to include Secretariat Pay as part

¶11

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

¶12

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

¶13

that the petitioner would be content, in case, respondents/competent

¶14

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

¶15

¶16

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.

¶17

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

¶18

Jyotsna Rewal Dua Judge

¶19

14^th August, 2023 (Rohit)

Sharda Kanwar v. Hpu and Another

Case brief

What is this about?

What did the court decide?

Sharda Kanwar v. Hpu and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Moni Sharma Vs State of Hp and Others

Vijay Kumar Vs State of Hp and Another

Manoj Kumar Vs Narcotics Control Bureau

Kanshi Ram Vs Hpu and Another

Nisha Devi Vs State of Hp and Others

Surinder Mohan Sharma Vs Hpu and Another