Municipal Council Manali Vs Budh Ram and Others — Himachal Pradesh HC (2026) — LawSathi Research

Municipal Council Manali Vs Budh Ram and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 267 days in filing the appeal condoned and application CMP(M) No.329 of 2026 disposed of; notice ordered to respondent No.1 returnable within four weeks (steps within one week), notice waived by respondents No.2 & 3-State and respondent No.4; interim direction to the appellant to process the case and grant the necessary benefits w.e.f. 01.01.2018; proceedings deferred to 24.06.2026.

Issue for consideration

Whether the delay of 267 days in filing the appeal (LPA No.220 of 2026) ought to be condoned. +1 more

Court's answer

Delay of 267 days in filing the appeal is condoned, keeping in view the averments in the application duly supported by the affidavit of the official; the application CMP(M) No.329 of 2026 stands disposed of accordingly.

Ratio / Principle

Interim direction pending further orders: in the meantime, the appellant shall process the case as directed and grant the necessary benefits w.e.f. 01.01.2018.

Detailed headnote1 paragraphs

Municipal Council Manali Vs. Budh Ram and others, LPA No.220 of 2026 (decided 22.04.2026) — Interim order at notice stage. The appellant Municipality challenged a judgment under appeal whereby the benefit of pension had been granted to a retired employee (who retired on 30.06.2005 and first approached the Court in 2023) from the due date; the employee's 2024 writ petition, following order dated 14.07.2023 (Annexure P-1), had sought pension w.e.f. 01.01.2018 in view of Civil Appeal No.4792 of 2022, Balo Devi Vs. State of Himachal Pradesh and others, and Civil Appeal No.6309 of 2017, Sunder Singh Vs. State of Himachal Pradesh and others. The Division Bench of G.S. Sandhawalia, Chief Justice and Bipin C. Negi, Judge condoned the delay of 267 days in filing the appeal and disposed of CMP(M) No.329 of 2026; issued notice to respondent No.1 returnable within four weeks (notice waived by respondents No.2 & 3-State and respondent No.4); and, as an interim measure, directed the appellant to process the case and grant the necessary benefits w.e.f. 01.01.2018. Proceedings deferred to 24.06.2026. Merits of the pension dispute left open.

Municipal Council Manali Vs. Budh Ram and others.

Item No. (S-2)

22.04.2026

CMP(M) No.329 of 2026

Present : Mr. Balram Sharma, Deputy Solicitor General of India (Senior Advocate) with Mr. Rajeev Sharma, Advocate, for the appellant.

Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.2 to 3-State.

Mr. Tara Chand Chauhan, Advocate, for respondent No.3.

CMP(M) No.329 of 2026

Keeping in view the averments made in the application, duly supported by the affidavit of the official, delay of 267 days in filing the appeal is condoned.

2. The application stands disposed off accordingly.

LPA No.220 of 2026

3. Inter alia contends that the employee had retired on 30.06.2005 and for the first time he had approached this Court for redressal of his grievances in the year 2023 and directions were issued on 31.05.2023 to make a representation and appropriate decision also be taken within four weeks of the representation.

4. It is submitted that thereafter order dated 14.07.2023 (Annexure P-1) was passed which was subject matter of writ petition filed in the year 2024. The specific prayer in the writ petition was for payment of pension w.e.f. 01.01.2018, keeping in view the law laid

down in Civil Appeal No.4792 of 2022 titled Balo Devi Vs. State of Himachal Pradesh and others and Civil Appeal No.6309 of 2017 titled as Sunder Singh Vs. State of Himachal Pradesh and others. It is further submitted that vide judgment under appeal, the benefit of pension has been granted from the due date.

5. Issue Notice. Mr. Rakesh Dhaulta, learned Additional Advocate General and Mr. Tara Chand Chauhan, learned counsel appears and waives service of notice on behalf of respondents No.2 & 3-State and respondent No.4 respectively.

6. Issue notice to respondent No.1, returnable within four weeks, on taking steps within one week.

7. In the meantime, appellant shall process the case as directed to grant the necessary benefits w.e.f. 01.01.2018.

8. Accordingly, the proceedings are deferred for

24.06.2026.

(G.S. Sandhawalia) Chief Justice

(Bipin C. Negi) Judge

22^nd April, 2026

(Munish Thakur)