Bimla Devi v. Hpsfc
Case brief
What is this about?
Parity and equal treatment of similarly situated employees; declaration of law extended to non-litigants without requiring them to approach the Court; model employer cannot discriminate among employees; seniority/treatment as Clerk from date of regularization as Office Helper; re-designation of Office Helpers as Clerks on personal posts (office order 05.10.2005); rejection of limitation and maintainability pleas where employer itself granted and withdrew the benefit; quashing of seniority-correction office order dated 27.06.2014; retired employees granted pensionary benefits only, excluding arrears and promotion; 6% interest on delayed pension arrears; H.P. State Forest Development Corporation Ltd.; CWPOA 2019 batch before Justice Jiya Lal Bhardwaj; relied on Amrit Lal Berry (1975) 4 SCC 714, K.I. Shephard (1987) 4 SCC 431, Lt. Col. Suprita Chandel 2024 (14) Scale 696.
What did the court decide?
All the petitions allowed; impugned office order dated 27.06.2014 quashed and set aside; petitioners to be treated as Clerk from the date of their regularization as Office Helpers, solely for pensionary benefits (no arrears, promotion or other monetary benefits before retirement); arrears of pension payable from the due date of retirement, failing payment within three months, with interest @6% per annum till payment; pending applications disposed of; no orders as to costs.