Budhi Singh vs State Of H.P. & Others

Bipin Chander Negi, J

The present petition has been filed seeking following reliefs:

“a). That keeping in view the submissions made here-in-above, that the present Writ Petition may kindly be allowed and the respondents may kindly be directed to release the arrears of pension from 01.01.2016 till 28.02.2022 till the actual payment is made alongwith 9% interest.

b) That the respondents may kindly be further directed to pay communication of revised pension revisable from 01.01.2016 till 28.02.2022 alongwith 9% rate of interest per annum, to be recovered from the official who was responsible for delay in releasing the due and admissible claim of the petitioner.”

Learned counsel for the petitioner has drawn attention of this Court to para-9 of the petition. The same is being reproduced herein below for a ready reference:-

“ That on the same and similar grounds various writ petitions were filed before the Hon'ble High Court of Himachal Pradesh, titled as Surinder Singh vs. State of H.P. bearing CWP No. 6611/2023 decided on 19.09.2023 and Dr. Vinay Patyal vs. State of H.P. bearing CWP No. 2258/2022 decided on 29.08.2023. The petition has been allowed and the respondent state has been directed to pay interest of 6% from the date it became due till the same is realized. Further directions were passed to revise the pension, gratuity and leave encashment and pay the same alongwith interest @ 6% per annum to the petitioner w.e.f. 01.01.2016 till the date of realization. The petitioner association is also similarly situated and also prays for the same and identical reliefs.”

From the aforesaid, it is evident that petitioner is seeking parity based on the judgments delivered by this Court, details whereof has been mentioned in para-9 of the petition, which has been reproduced (supra).

In the aforesaid facts and attending circumstances, it was incumbent upon the petitioner to have first approached the respondents/competent authority for redressal of his grievance, which is being sought in the present petition.

Faced with the aforesaid, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to approach the concerned authority by making an appropriate representation.

Permission granted. Liberty reserved.

In view of the aforesaid, present petition is disposed of, so also, pending miscellaneous application(s), if any.