Mahinder Singh Vs the Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

Mahinder Singh Vs the Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents/competent authority to pay due and admissible dearness relief to the petitioner in terms of office memorandums dated 07.02.2015 and 07.03.2020 within six weeks; failing such payment within that period, the dearness relief shall carry interest @ 5% per annum from the due date till its realization. Pending miscellaneous application(s), if any, also stand disposed of.

Issue for consideration

Whether the respondents are liable to release to the petitioner enhanced dearness relief and interim relief (with arrears and interest) admissible in terms of office memorandums dated 07.02.2015 and 07.03.2020 adopted by the respondent Corporation.

Court's answer

Office memorandums dated 07.02.2015 and 07.03.2020 have been adopted by the respondent Corporation, and dearness relief in terms of those office memorandums is admissible to the petitioner, but the same has not been released to him.

Ratio / Principle

The writ petition is disposed of with a direction to the respondents/competent authority to pay due and admissible dearness relief to the petitioner in terms of the above office memorandums within six weeks.

Key takeaways

If the due and admissible dearness relief is not paid within the said period of six weeks, it shall carry interest @ 5% per annum from the due date till its realization.ratio¶6

Detailed headnote1 paragraphs

Service law / Pension – Dearness Relief – Writ petition by a pensioner of Himachal Road Transport Corporation (CWP No.7677 of 2025) praying for release of enhanced dearness relief and interim relief with arrears and interest. It was not disputed that office memorandum dated 07.02.2015 (revising dearness relief of Himachal Pradesh Government Pensioners/Family Pensioners w.e.f. 01.07.2014) and office memorandum dated 07.03.2020 issued by the Department of Finance, Government of Himachal Pradesh (further revising dearness relief w.e.f. 01.07.2019) had been adopted by the respondent Corporation, and that dearness relief in terms thereof was admissible to the petitioner but had not been released. Holding (Sandeep Sharma, J., oral): petition disposed of with a direction to the respondents/competent authority to pay due and admissible dearness relief in terms of the said office memorandums within six weeks, failing which the amount shall carry interest @ 5% per annum from the due date till realization. Decision dated 16.05.2025. No statute or precedent was cited.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7677 of 2025

Date of Decision: 16.05.2025

____________ ___________________________________________ Mahinder Singh …….Petitioner Versus Himachal Road Transport Corporation & Anr. … Respondents _______________________________________________________ Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioner: Mr. Sanjeev Kumar Suri, Advocate. For the Respondents : Mr. Dheeraj K.Vashisht, Advocate.

Sandeep Sharma, Judge (oral):

Notice. Mr. Dheeraj K.Vashisht, Advocate, appears and waives service of notice on behalf of the respondents.

2. With the consent of learned counsel for the parties, the matter is heard at this stage.

3. The instant petition has 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 petitioner .

4. Learned counsel for the petitioner referred to office memorandum dated 07.02.2015 (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

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

2

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.

5. It is not in dispute that office memorandums dated 07.02.2015 and 07.03.2020 have been adopted by the respondent/Corporation and dearness relief in terms of these office memorandums is admissible to the petitioner, but the same has not been released to him.

6. Consequently, in view of the above, the present writ petition is disposed of with a direction to the respondents/competent authority to pay due and admissible dearness relief to the petitioner 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 petitioner within the aforesaid period, then the same shall carry interest @ 5% per annum from the due date till its realization.

Pending miscellaneous application(s), if any, shall also stand disposed of.

(Sandeep Sharma), Judge

May 16, 2025 (Sunil)