The Secretary, Rural Development and Anr. Vs Milkhi Ram and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

The Secretary, Rural Development and Anr. Vs Milkhi Ram and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim release of 50% of the awarded amount along with up-to-date interest, lying deposited in the Registry, in favour of applicant/respondent No.1, to be remitted to his bank account subject to proper verification of his identity.

Issue for consideration

Whether, pending final hearing of the appeal, part of the awarded amount (with up-to-date interest) lying deposited in the Registry should be released to the injured applicant/respondent No.1, aged about 78, who has received no money since the award of 16.11.2021.

Court's answer

50% of the awarded amount, along with up-to-date interest, lying deposited in the Registry of the Court, is ordered to be released in favour of the applicant/respondent No.1.

Ratio / Principle

The released sum is to be remitted to the bank account of the applicant/respondent No.1 detailed in Paragraph-4 of the application, subject to proper verification of his identity.

Key takeaways

Liability to pay the awarded amount has been fastened on the present appellants; if at final hearing the appellants persuade the Court that the applicant was employed by the concerned Gram Panchayat, the amount will be payable by the Gram Panchayat.obiter¶8
All contentions urged in opposition to the application (including alleged arguable issues in the appeal) are deferred and shall be considered at the time of final hearing of the appeal.obiter¶8

Detailed headnote1 paragraphs

Interim release in a pending employees'-compensation appeal (FAO (ECA) No.64 of 2023, decided 06.03.2026 by Bipin C. Negi, Judge): Through CMP No.28305 of 2025, applicant/respondent No.1 (Milkhi Ram, aged about 78, a labourer, whose award dated 16.11.2021 on account of injuries received remained wholly unpaid) sought release of the awarded amount lying deposited in the Registry. Opposing contentions that serious arguable issues arise in the appeal were deferred to the final hearing. Noting the admitted injuries, the applicant's age and occupation, his dire need of money and that no money had been released till date, the Court ordered release of 50% of the awarded amount along with up-to-date interest in his favour, to be remitted to the bank account detailed in Paragraph-4 of the application, subject to proper verification of his identity. Liability to pay presently rests on the appellants (State/Rural Development Department); should the Court at final hearing accept that the applicant was employed by the concerned Gram Panchayat, the amount will be payable by the Gram Panchayat. Application disposed of.

The Secretary, Rural Development Department, Shimla and another vs. Milkhi Ram and another

FAO (ECA) No.64 of 2023

06.03.2026 Present:

Mr. Gobind Korla, Additional Advocate General, for the appellants/State/non-applicants.

Mr. Ashok Kumar Verma, Advocate, for respondent No.1/applicant.

CMP No.28305 of 2025

The present application, in the case at hand, has been filed on behalf of the applicant/respondent No.1. The award, in the case at hand, was passed on 16.11.2021, in favour of the present applicant/respondent No.1. However, till date no money has been released in favour of the applicant/respondent No.1. The awarded amount has been given, in the case at hand, on account of the injuries received. The applicant presently is aged about 78 years and his occupation is that of a labourer.

Though the application is being vehemently opposed and it is contended that serious arguable issues arise for consideration in the appeal so preferred. Suffice it to say that all these contentions shall be considered at the time of final hearing of the appeal. The liability to pay, in the case at hand, has been fastened on the present appellants, assuming if the appellants/non-applicants are able to persuade this Court to take a view that the applicant was employed by the concerned Gram Panchayat, as such, being liable the amount will be payable by the Gram Panchayat.

Keeping in view the admitted position that the applicant/ respondent No.1 has sustained injuries and the fact that he is 78

years old, employed as a labourer, is in dire need of money and the fact that no money has been released in his favour till date, 50% of the awarded amount along-with up-to-date interest, lying deposited in the Registry of this Court, is ordered to be released in favour of the applicant/respondent No.1. The same be remitted in the bank account of the applicant/respondent No.1, detailed in Paragraph-4 of the application, subject to proper verification of his identity.

The application stands disposed of.

March 06, 2026 (KS)

( Bipin C. Negi ) Judge