Disposed

Urmila Joshi v. State of Hp and Others

Himachal Pradesh HC10 Apr 2024CWP/3050/2024

Case brief

AI extract

What is this about?

The High Court disposed of the petition by directing respondents to consider and decide the case within eight weeks, aligning with a recent judgment in CWP No. 7376 of 2023 regarding pension benefits, and disposed of pending applications.

What did the court decide?

Direction to respondents to consider and decide the petitioner's case within eight weeks and grant necessary retirement and gratuity benefits if entitled.

Urmila Joshi Vs State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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CWP No. 3050 of 2024.

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Date of Decision : 10th April, 2024.

Urmila Joshi

...Petitioner.

Versus

State of H.P. & Ors.

... .Respondents.

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Coram:

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The Hon’ble Mr. Justice Satyen Vaidya, Judge.

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Whether approved for reporting?¹

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For the Petitioner: Mr. Mandeep Chandel, Advocate.

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For the Respondents: Mr. Dalip K. Sharma, Addl. A.G.

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Satyen Vaidya, Judge (Oral).

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Notice. Mr. Dalip K. Sharma, Addl.A.G., appears and

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waives service of notice on behalf of the respondents.

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The instant petition has been filed for the following

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substantive reliefs:-

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“i) That keeping in view of the submission made herein above, that the present writ petition may kindly be allowed and the respondent may kindly be directed to release the arrear of petitioner w.e.f. 01.01.2016 till his retirement along with 9% interest.

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ii) That the respondent may kindly be further directed to pay the revised gratuity, revised leave

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

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…2…

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encashment and the commutation of pension under the CCS (Commutation of Pension) Rules, 1981, were modified along with interest 6% per annum.”

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At the very outset, learned counsel for the petitioner has submitted that the subject matter of instant petition is squarely covered by a judgment passed by this Court on 22^nd March, 2024 in CWP No.7376 of 2023, titled as H.P. Secretariat & other Affiliated Pensioner Welfare Association vs. State of H.P. & Ors.

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He submits that the petitioner in the instant petition shall be satisfied, at this stage, in case time bound directions are issued to respondents to consider and decide the case of the petitioner in light of judgment passed by this Court in CWP No. 7376 of 2023.

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Prayer being innocuous is not opposed. Accordingly, the instant petition is disposed of with direction to respondents to consider and decide the case of the petitioner within eight weeks from today strictly in terms of the judgment passed by this Court on 22^nd March, 2024 in CWP No.7376 of 2023, titled as H.P. Secretariat & other Affiliated Pensioner Welfare Association

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…3…

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vs. State of H.P. & Ors. , by passing a detailed and reasoned order. Needless to say that in case the petitioner is found entitled to the benefits of aforesaid judgment, she shall be granted all similar benefits as have been granted to the beneficiary of judgment passed in CWP No.7376 of 2023 within six weeks thereafter. Pending applications, if any, also stand disposed of.

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(Satyen Vaidya) Judge

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10^th April, 2024. (jai)

Urmila Joshi v. State of Hp and Others

Case brief

What is this about?

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Urmila Joshi v. State of Hp and Others

Case brief

What is this about?

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