Thakur Chand Vs the Hrtc and Others

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.3854 of 2025 alongwith CWP No.3888 of 2025

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Decided on: 20^th March, 2025

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1. CWP No.3854 of 2025

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Desh Raj …..Petitioner

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Versus HRTC and others .....Respondents ------------------------------------------------------------------------------------2. CWP No.3888 of 2025 Thakur Chand …..Petitioner Versus HRTC and others .....Respondents

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HRTC and others

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------------------------------------------------------------------------------------Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner(s): Mr. Mandeep Chandel, Advocate.

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For the Respondents: Mr. Deepak Sharma, Advocate, in CWP No.3854 of 2025.

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Mr. Raman Jamalta, Advocate, in CWP No.3888 of 2025.

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-----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

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Notice. Mr. Deepak Sharma and Mr. Raman Jamalta, learned Standing Counsel, appear and waive service of notice on behalf of the respondents in the respective writ petitions.

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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2

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2. With the consent of learned counsel for the

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parties, the matters are heard at this stage.

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3. The instant petitions have been filed praying for a direction to the respondents to release enhanced dearness relief and interim relief with arrears along with interest in favour for the petitioners.

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4. Learned counsel for the petitioners referred to office memorandum dated 05.02.2015 (Annexure P-1), whereunder dearness relief to Himachal Pradesh Government Pensioner/Family Pensioners was revised w.e.f. 01.07.2014. Reliance was also placed upon office memorandum dated 07.03.2020, issued by the Department of Finance, Government of Himachal Pradesh, further revising the dearness relief of Himachal Pradesh Government Pensioners/Family Pensioners w.e.f. 01.07.2019. Attention was also invited to office memorandum dated 15.09.2021, concerning grant of Dearness Allowance to the employees of State Government w.e.f. 01.07.2021.

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5. It is not in dispute that office memorandums dated 05.02.2015, 07.03.2020 and 15.09.2021 have been adopted by the respondent-Corporation and dearness relief

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3

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in terms of these office memorandums is admissible to the petitioners, but the same has not been released to them.

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In view of above, these writ petitions are disposed of by directing the respondents/competent authority to pay due and admissible dearness relief to the petitioners in terms of above office memorandums within a period of six weeks from today. It is, however, made clear that in case due and admissible dearness relief is not paid by the respondents to the petitioners within the aforesaid period, then the same shall be payable with interest @ 5% per annum from the due date till its actual realization.

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The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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Jyotsna Rewal Dua Judge

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March 20, 2025 Mukesh

Thakur Chand v. the Hrtc and Others

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Thakur Chand v. the Hrtc and Others

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