Hrtc and Ors. Vs Ajmer Chand

REPORTABLE

2025 :HHC:9271

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

	LPA No.445 of 2024 a/w
	LPA Nos.360, 319 & 426 of 2024 Decided on: 03.04.2025
____ 1.	______________________________________________________ LPA No.445 of 2024 Himachal Road Transport ...Appellants Corporation & Others Versus
	Ajmer Chand ...Respondent
____ 2.	______________________________________________________ LPA No.360 of 2024
	Himachal Road Transport ... Appellants Corporation & Another
	Versus
	Kashmir Singh ...Respondent
____ 3.	______________________________________________________ LPA No.319 of 2024 Himachal Road Transport ... Appellants Corporation & Another
	Versus
	Nand Kishore ...Respondent
____ 4.	______________________________________________________ LPA No.426 of 2024 Himachal Road Transport ... Appellants Corporation & Another
	Versus
	Roshan Lal ...Respondent
*Cor* Hon	am ’ble Mr. Justice Vivek Singh Thakur, Judge
Hon 1_Wh_	’ble Mr. Justice Ranjan Sharma, Judge ether approvedfor reporting?. Yes

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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For the appellant(s): Mr. Raman Jamalta, Advocate, in all the appeals. For the respondent(s): Mr. Ashok Kumar & Mr. Rakesh Kumar, Advocate, in LPA No.445 of 2024.

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Mr. Shyama Prashad Chatterji, Advocate, in LPA Nos.360, 319 & 426 of 2024.

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Vivek Singh Thakur, Judge [Oral]

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Learned counsel for appellant(s) has placed on

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record order dated 20.02.2025, passed by Supreme court in Civil Miscellaneous Application No.2400 of 2024 in Civil Appeal No.3933 of 2023 and connected matters, which reads as under:-

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“We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:

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“(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid. (b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid. (c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court. (d) In case any retired employee has filed any application for intervention/ impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be

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payable from the month in which the application for intervention/impleadment was filed.”

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We are inclined to dispose of the present miscellaneous applications directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions. We are, however, of the opinion that Clause (d) of the order dated 06.09.2024 requires modification which shall now read as under:

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“(d) In case any retired employee filed an application for intervention/impleadment/ writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/ impleadment/ writ petition/ original application was filed.”

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Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment in “Union of India & Anr. v. M. Siddaraj”1, as in such cases, clause (a) will apply.

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Recording the aforesaid, the miscellaneous applications are disposed of.

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We, further, clarify that in case any excess payment has already been made, including arrears, such amount paid will not be recovered.

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It will be open to any person aggrieved by noncompliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law.

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Pending applications including all intervention/ impleadment applications shall stand disposed of in terms of this order.”

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2. During hearing, in view of orders dated

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20.02.2025 passed by Supreme Court in Miscellaneous Application Diary No.2400 of 2024 in Civil Appeal No.3933 of 2023 a/w connected matters , titled Union of India & Anr. versus M. Siddaraj , learned counsel for parties are in agreement that in present case benefit of one increment at the time of retirement shall be payable by actual financial benefit shall be admissible and payable w.e.f. 01.05.2023 and no arrears of pension on account of increment for the period prior to 01.05.2023 shall be admissible to the respondents.

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3. Therefore, impugned judgment is upheld with aforesaid modification regarding entitlement for arrear only after 01.05.2023 but calculating from due date.

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4. Costs imposed by learned Single Judge shall be payable to Himachal Pradesh State Legal Services Authority within four weeks from today.

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5. The appeals are disposed of in aforesaid terms.

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Pending miscellaneous application(s), if any,

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shall also stand disposed of.

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(Vivek Singh Thakur) Judge

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(Ranjan Sharma) Judge