High CourtsDivision Bench(2021) 11 SHI CK 0065

Ganga Ram vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 22 November 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition (Original Application) No. 1742 Of 2020

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Judgment

10 paragraphs · 395 words

Tarlok Singh Chauhan, J

1.

The instant petition is filed for the grant of following substantive reliefs:-

"i) That the respondents may kindly be directed to release the arrears of salary due to the applicant for the period of service proved as on duty at Annexure A-2, dated 29.5.2012 and arrears accrued there under may kindly be ordered to be paid with penal interest.

ii) That the respondents may also be directed to re-fix the pension of the applicant on account of regularization of the period of service and re-fixation of pay due to be done on account of Annexure A-2 and arrears of pension may kindly be ordered to be paid with interest."

2.

The perusal of reply filed by the respondents reveals that the retiral benefits have been released in favour of the petitioner, relevant portion whereof reads as under:-

"b).....He has been allowed pension @ of Rs. 1780/- PM at that time. He has been paid DCRG of Rs.91,200/- and commutation of value of Rs.89,371/- and also paid GIS amounting to Rs. 2484/-. But between the period w.e.f. 2012 till filing of present petition the applicant did not bother to settle his claim by submitting his revised pension papers despite repeated requests. However, respondent No.3 has already re-fixed the pay of the applicant w.e.f. 1986 till his superannuation on 30.11.2002 vide office order dated 17.07.2017 and also paid arrears of pay w.e.f. 01.04.1987 to 31.08.1999 amounting to Rs 1,55,576/- vide through RTGS account No. 114300030075245. (Copy annexed as annexure R-3)........."

3.

It would be noticed that the other claim(s) of the petitioner has not been settled only on account of his not visiting the office of the respondents and submitting the requisite documents. Learned counsel for the petitioner undertakes that even though his client is bed ridden, however, he will send someone on his behalf and positively visit the office of the respondents within a period of two weeks from today. In case, the petitioner or someone on his behalf visits the office of the respondents and hands over the requisite documents, then in turn, the respondents shall consider and order the release of the amount, if any, within a further period of four weeks.

4.

The writ petition is disposed of in the aforesaid terms, so also the pending application(s), if any.

For compliance, to come up on 03.01.2022.

Copy dasti.