Partly allowed

Rajinder Kumar v. State of Hp and Other

Himachal Pradesh HC10 Oct 2023CWP/6417/2023

Case brief

AI extract

What is this about?

In this civil writ petition under Article 226, the petitioner sought quashing of instructions dated 26.7.2014 and direction to the respondent to grant a revised initial pay scale plus dearness pay from 2007 to 2010 relying on the judgment in Pushap Raj Khimta v. State of HP.

What did the court decide?

Petition disposed with direction to respondents to consider and decide the case in light of Pushap Raj Khimta v. State of HP within four weeks and pass a speaking order.

Rajinder Kumar Vs State of Hp 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. 6417 of 2023 Decided on: October 10, 2023

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________________________________________ Rajinder Kumar Versus State of Himachal Pradesh and another	________________ ……….. Petitioner .. Respondents
________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹	________________

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For the Petitioner	:	Mr. Devender K.	Shar	ma, Advocate.
For the respondents	:	Mr. Anoop Ratta with Mr. Rajan	n, Ad Kah	vocate General ol, Mr. Vishal
		Panwar and Additional Advoc	Mr. ates	B.C. Verma, General & Mr.
		Ravi Chauhan Deputy Advocate	& s Ge	Ms. Sunaina, neral.
______________________ Sandeep Sharma, Judge	_____ (oral):	______________	____	___________

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By way of present petition filed under Art. 226 of the Constitution of India, the petitioner have prayed for following main reliefs:

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“A. That a writ of certiorari may kindly be issued and instructions dated 26.7.2014 may kindly be quashed and set aside and a writ of mandamus may kindly be issued against the respondent department and the department be directed to grant revised initial pay scale of the year of 2006 plus dearness pay (50% of the basic pay) to the petitioner w.e.f. 1.4.2007 to 31.3.2010 with all consequential benefits in view of the law laid down in CWPOA 77661 of 2019 titled as Pushap Raj Khimta and others versus state of HP in the interest of justice and fair play.”

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Learned counsel for the petitioner fairly states that the issue raised in the instant petition has been decided by this Court in Pushap

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Raj Khimta and others v. State of Himachal Pradesh and others , CWPOA No. 7661 of 2019, decided on 29.6.2022, and his client shall

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

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be content and satisfied, in case a direction is issued to the respondents to consider and decide the case of the petitioner in light of Pushap Raj Khimta supra, in a time bound manner.

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Mr. Rajan Kahol, learned Additional Advocate General is not averse to the innocuous prayer made on behalf of the petitioner.

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Consequently, in view of above, present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in light of Pushap Raj Khimta supra, within a period of four weeks. Needless to say, authority concerned, while doing the needful in terms of this order, shall afford opportunity of hearing to the petitioner and pass a speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved.

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The petition stands disposed of in the afore terms, alongwith all pending applications.

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(Sandeep Sharma) Judge

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October 10, 2023 Vikrant

Rajinder Kumar v. State of Hp and Other

Case brief

What is this about?

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Rajinder Kumar v. State of Hp and Other

Case brief

What is this about?

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